In a bail petition under Sections 437 and 439 CrPC regarding a murder case, the High Court granted bail to the accused on a personal bond with two sureties, directing periodic reporting to the police.
Petitioner released on personal bond of Rs. 10,000 with two sureties; directed to report to SHO every Saturday till charge sheet.
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 JUDICATURE OF ANDHRA PRADESH AT HYDERABAD TUESDAY, THE FIRST DAY OF OCTOBER, TWO THOUSAND AND THIRTEEN :PRESENT: THE HON'BLE SRI JUSTICE: R. KANTHA RAO
CRIMINAL PETITION NO : 10576 OF 2013
Between Manganti Srinivasa Rao S/o Babu Rao
...Petitioner/Accused -1 (Petitioner in Cr. No. 142 of 2013 on the file of Gudivada I Town P.S., Krishna District.) AND The Station House Officer, Gudivada I Town Police Station, Gudivada, Krishna District, rep. by its Public Prosecutor, High Court of A.P., Hyderabad. ...Respondent/Complainant
The Station House Officer, Gudivada I Town Police Station, Gudivada, Krishna District, rep. by its Public Prosecutor, High Court of A.P., Hyderabad.
COUNSEL FOR THE PETITIONER : Sri Kambhampati Ramesh Babu COUNSEL FOR THE RESPONDENT : The Additional Public Prosecutor
Petition under Sections 437 & 439 of Crl. P.C praying that in the circumstances stated in the petition and the memo of grounds filed herein, the High Court may be pleased to enlarge the petitioner/Accused No. 1 on bail in Crime No. 142 of 2013 on the file of Gudivada I Town Police Station, Gudivada.
THE COURT MADE THE FOLLOWING ORDER :
This criminal petition is filed by the petitioner-Accused No.1 under Sections 437 and 439 of the Criminal Procedure Code seeking bail in Crime No.142 of 2013 of Gudivada I Town Police Station, Krishna District registered for the offence punishable under Sections 302, 201 read with 34 of IPC.
2. Heard the learned counsel appearing for the petitionerAccused No.1 and the learned Additional Public Prosecutor representing the respondent-state.
3. According to the prosecution, the deceased borrowed an amount of Rs.10,000/- from A1 and A1 in turn took his A.T.M. card as surety. Inspite of several demands, the deceased did not repay the amount and ultimately on 10.07.2013 the deceased at the instance of A1 came to the house of A2 to settle the dispute with A1. A1 is the brother-in-law of A2. A1 and A2 took the deceased to the cattle shed where some altercation took place, during the course of which it was alleged that the deceased admonished both the accused that he would lodge a report before the police for retaining his ATM card with them. On that A1 slapped the deceased and the deceased fell down and became unconscious. Subsequently, both A1 and A2 felt that the deceased would lodge a report with the police against them, A1 took nylon rope and told to A2 to kill the deceased by strangulation and thereafter both A1 and A2 strangulated the deceased to
death.
(Contd. 2. )
. 2 .
4. The entire case is based on circumstantial evidence. A2 who is facing similar allegations to that of A1 was grtanted bail by the learned single Judge of this Court in Criminal Petition No.9582 of 2013. Material part of the investigation in this case is completed. Under these circumstances, I am inclined to grant bail to the petitioner – A1.
5. In the result, the Criminal Petition is allowed and the petitioner – Accused No.1 is ordered to be released on bail on his executing a personal bond for a sum of Rs.10,000/-(Rupees ten thousand only) with two sureties for the like sum each to the satisfaction of the Additional Judicial Magistrate of First Class, Gudiwada, Krishna District. It is further directed that the petitioner shall report before the Station House Officer, Gudiwada I Town Police Station, on every Saturday between 9.00 a.m. and 11.00 a.m. till filing of charge sheet.
Sd/- P. V. SURYANARAYANA ASSISTANT REGISTRAR // TRUE COPY //
for ASSISTANT REGISTRAR
To
1. The XI Additional District and Sessions Judge, Krishna District, Gudivada.
2. The Additional Judicial Magistrate of First Class, Gudiwada, Krishna District.
3. The Station House Officer, Gudivada I Town Police Station, Krishna District.
4. The Officer – In - Charge, Sub – Jail, Gudivada, Krishna District.
5. Two CCs to the Public Prosecutor, High Court of A.P., Hyderabad (OUT)
6. One CC to Sri Kambhampati Ramesh Babu, Advocate
(OPUC) 7. One Spare Copy BV
HIGH COURT
RKR.J
DATED: 01-10-2013
BAIL ORDER
CRL.P. NO. 10576 OF 2013
BAIL GRANTED
DRAFTED: BY BV DATED: 01-10-2013
HIGH COURT
RKR.J
DATED: 01-10-2013
BAIL ORDER
CRL.P. NO. 10576 OF 2013
BAIL GRANTED
2 issues framed by the court
Whether the petitioner accused in a murder case is eligible for bail on personal bond with sureties.
Whether the petitioner should report periodically to the police station till filing of charge sheet.
1 provisions across 1 enactments
Manganti Srinivasa Rao
The Station House Officer, Gudivada I Town Police Station
R. KANTHA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
