Dismissed

Avula Mallamma at Venkata Mallamma, v. The State of A.P.

Andhra Pradesh HC8 Feb 2022CRLP/299/2022

Case brief

AI extract

What is this about?

In a criminal petition under Section 438 Cr.P.C. seeking pre-arrest bail in a murder case, the High Court refused the prayer, directing the petitioner to surrender before the trial court to seek post-arrest bail instead.

What did the court decide?

Liberty given to surrender before the concerned jurisdictional Court and move an application for bail, to be considered on the same day.

Avula Mallamma at Venkata Mallamma, Vs… — Murder and Culpable Homicide | Andhra Pradesh HC (2022)

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THE HONOURABLE SRI JUSTICE D.RAMESH CRIMINAL PETITION NO.299 OF 2022

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ORDER:-

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This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) seeking pre-arrest bail to the petitioner/A4 in the event of her arrest in connection with Crime No.181 of 2019 of Veldurthy Police Station, Guntur District registered for the offences punishable under Sections 302, 201 and 120(b) read with Section 34 of the Indian Penal Code, 1860.

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Initially the above crime was registered under Section 174 of Cr.P.C. and subsequently the above sections of law were added basing on the report lodged by the complainant wherein she suspected involvement of the petitioner along with other accused in causing death of her husband.

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Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor for the respondent-State. 4. Learned counsel for the petitioner submits that petitioner is innocent and her earlier bail petitions were dismissed by the Court below by order, dated 23.12.2020 in Crl.M.P.No.234 of 2020 as well as by this Court vide order, dated 15.03.2021 passed in Crl.P.No.1401 of 2021. It is brought to the notice of this Court that earlier only preliminary charge sheet was filed and now investigation is completed and charge sheet is filed and the same was numbered as PRC 4 of 2022, as such custodial interrogation of the petitioner is not required. Hence, he prays to consider the petitioner’s case for grant of pre-arrest bail.

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Learned Assistant Public Prosecutor vehemently opposed the bail petition.

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In view of the contents made in the complaint and in the preliminary charge sheet, this Court is not inclined to grant prearrest bail to the petitioner. However, liberty is given to the petitioner to surrender before the concerned jurisdictional Court and move an application for bail. On such surrender, her application for bail shall be considered on the same day in accordance with law.

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Accordingly, this Criminal Petition is disposed of.

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Consequently, miscellaneous applications pending, if any, shall

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stand closed.

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_____________________ JUSTICE D.RAMESH

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Date :08.02.2022 IKN

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THE HONOURABLE SRI JUSTICE D.RAMESH

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CRIMINAL PETITION No.299 of 2022

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08.02.2022

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IKN

Avula Mallamma at Venkata Mallamma, v. The State of A.P.

Case brief

What is this about?

What did the court decide?

Avula Mallamma at Venkata Mallamma, v. The State of A.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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