The High Court dismissed the petitioner's petition for regular bail in a murder case. The court held that due to the gravity of the offence, the nature of the incident, the filing of the charge sheet, and the likelihood of trial commencement, bail was not desirable at this stage.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATj
TUESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 2666 OF 2024
Between:
Pallipattu Suneel Kumar, S/o P. Sudhakara, Aged about 23 years, Occ: Coolie R/o Jagajjeeva Nagar, Nellore Town and District Native of Vijayapuram Mandal.
...Petitioner/Accused No.4 AND
The State of Andhra Pradesh, Rep. by its Public Prosecutor Through S.H.O., Piler Urban Police Station High Court of Andhra Pradesh.
...Respondent/Complainants
Petition under Section 437 & 439 of Cr.P.C, 1973 prayingthatinthe circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased may be pleased to enlarge the petitioner on Bail who is Accused No.4 in crime No.221/2023 on the file of the Pilar Urban Police Station, Chittoor District.
This Petition coming on for bearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Ramalakshmana Reddy Sanepalli, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent.
The Court made the following:
APHC010181452024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
[3396]
TUESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 2666/2024
Between:
PALLIPATTU SUNEEL KUMAR, S/0 P. SUDHAKARA AGED ABOUT 23 YEARS, OCG COOLIE R/0 JAGAJJEEVA NAGAR, NELLORE TOWN AND DISTRICT NATIVE OF VIJAYAPURAM MANDAL
...PETITIONER/ACCUSED
AND THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor Through S.H.O., Piler Urban Police Station High CourtofAndhra Pradesh.
...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused:
Counsel for the Respondent/complainant:
The Court made the following
ORDER:
This Criminal Petition under Sections 437 and 439 of Code of Criminal Procedure (for short ‘Cr.P.C.’), has been filed by the
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VJP,J Crl.P.No.2666 of 2024
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petitioner/A.4 seeking regular bail in Crime No.221 of 2023 of Filer Police Station, Annamayya District registered for the offence punishable under Section 302 read with 34 of Indian Penal Code (for short ‘IPC’)
- Case of the prosecution, in brief, the defacto complainant who is sister of deceased by name Kovvuri Sudhakar gave complaint stating that the deceased is the driver of auto andon31.08.2023at 8.30 a.m he went to drop his daughter at Z.P Girls High School in auto rickshaw, after dropping his daughter, some unknown persons talked with the deceased and asked for hire of the auto upto bus stand, they injected unknown poison on the back side of his shoulders with a syringe and ran away. He was shifted to area hospital. Filer for treatment. Later the wife of deceased came to know about the incident through phone call. The duty doctor after examinationdeclaredthathe was brought dead. The defacto complainant suspected a person by name Kishore who has extra marital affairs with the wife of deceased or his henchmen might have killed the deceased to remove the obstructions. Hence, the crime.
- Heard Sri.S.Rama Lakshmana Reddy, learned counsel for the petitioner and Sri K.Anand Kumar, Learned Assistant Public Prosecutor.
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3 VJP,J Crl.P.No.2666 of 2024
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VJP,J Crl.P.No.2666 of 2024
- Considering the submissions made and on keen perusalof the material on record as rightly put by learned Assistant Public Prosecutor, the gravity of the offence and the manner in which the incident occurred, it is not desirable to release the petitioner on bail. Furthermore, the charge sheet is filed and case is posted today for appearance of the accused persons. Hence, there is likelihood of commencement of the trial. 8. In that view, the criminal petition is dismissed. However,the concerned Courts are requested to expeditiously proceed for disposal of the case as far as possible, since the petitioner is in jail since 07.09.2023.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
I,
//TRUE COPY//
SECTION OFFICER
To,
PR
sree
HIGH COURT
DATED:30/04/2024
I
I 0 8JUL2024 II
S»
1'
ORDER
CRLP.No.2666 of 2024
DISMISSING THE CRL.P.
1 issue framed by the court
Whether the petitioner, an accused in a murder case with charge sheet filed, is entitled to regular bail?
2 provisions across 2 enactments
Pallipattu Suneel Kumar
State of Andhra Pradesh
Smt Justice Venkata Jyothirmai Pratapa
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
