Allowed

Kolikipudi Rayappa v. the State of Andhra Pradesh

Andhra Pradesh HC2 Feb 2022CRLP/266/2022

Case brief

AI extract

What is this about?

Jurisdictional court allowed bail to the petitioner in a criminal case involving assault and attempt to murder. Reliance was placed on the absence of visible injuries on the victim as per the wound certificate, leading to the order of liberation.

What did the court decide?

Petitioner enlarged on bail on execution of self bond for Rs.20,000/- with two sureties for a like sum each.

Kolikipudi Rayappa Vs the State of Andhra Pradesh — Bail and Remand | Andhra Pradesh HC (2022)

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THE HONOURABLE SRI JUSTICE D.RAMESH CRIMINAL PETITION NO.266 of 2022

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ORDER:-

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This petition is filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) seeking regular bail to the petitioner/A1 in connection with Crime No.396 of 2021 of Amaravathi Police Station, Guntur District, registered for the offences punishable under Sections 341, 323 and 307 read with 34 of the Indian Penal Code, 1860 (for short ‘IPC’).

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Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State.

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The above crime is registered against the petitioner and other accused basing on the report lodged by the complainant wherein it was alleged that the petitioner along with other accused picked up a quarrel with the complainant and caused injuries to him and his son.

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Learned counsel for the petitioner submits that petitioner is innocent and he is falsely implicated in the crime. He submits that initially crime was registered for the offences punishable under Sections 341 and 323 of IPC, but subsequently Section 307 of IPC was added after receiving wound certificate though it was mentioned that there was no visible injury. He submits that even the petitioner herein sustained injury in the above incident and he is languishing in jail since 29.12.2021, as such petitioner’s case may be considered for grant of bail.

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Learned Assistant Public Prosecutor on instructions submits that six witnesses were examined and though the wound certificate reveals that there are no visible injuries over the complainant’s body, investigation is pending.

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Taking into consideration the above submissions of learned counsel for the petitioner as well as the fact that as per the wound certificate which is placed on record, there are no visible injuries on the complainant’s body, this Court deems it appropriate to grant bail to the petitioner.

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Accordingly, this Criminal Petition is allowed. The petitioner/A1 shall be enlarged on bail in connection with Crime No.396 of 2021 of Amaravathi Police Station, Guntur District, on execution of self bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the learned II Additional Junior Civil Judge, Sattenapalli.

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Consequently, miscellaneous applications pending, if any, shall stand closed.

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Date: 02.02.2022

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IKN

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_____________________ JUSTICE D.RAMESH

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THE HONOURABLE SRI JUSTICE D.RAMESH

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