Allowed

Nukala Sambasiva Rao , Samba v. The State of Andhra Pradesh

Telangana HC24 Sept 2013CRLP/9567/2013

Case brief

AI extract

What is this about?

The High Court granted bail to five accused persons charged with murder, attempted murder, and criminal conspiracy. The court considered that the investigation was completed and released the petitioners on personal bonds with conditions to avoid the crime district.

What did the court decide?

Release on bail in personall bonds for Rs. 10,000 each with sureties and condition not to enter Krishna District.

Nukala Sambasiva Rao , Samba Vs The State of… — Murder and Culpable Homicide | Telangana HC (2013)

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IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD TUESDAY , THE TWENTY FOURTH DAY OF SEPTEMBER, TWO THOUSAND AND THIRTEEN :PRESENT:

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THE HONOURABLE SRI JUSTICE R. KANTHA RAO CRLP .No.9567 of 2013

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Between:-

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1.Nukala Sambasiva rao @ Samba S/o. Mallikarjuna Rao

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2.Kosuri Venkateswara Rao @ Mangali Babu S/o. Prasada Rao

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3.Potabattina Prudvi S/o. Chandu

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4.Bethu Sai Krishna S/o. Srinivasa Rao

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5.Vannamreddy Naga Srinivas @ Nagta S/o. Rama Krishna ..... Petitioner/Accused Nos. 1, 2, 4, 5 & 6 in Crime No. 54 of 2013 On the file of Chandarlapadu Police Station, Krishna District.

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AND

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The State of A.P., Through the Station House officer, Chandarlapadu Police Station, Krishna District, rep. by its Public Prosecutor, High Court of A.P.,

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....Respondent/

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Complainant. Petition under Sections 437 & 439 of Cr.P.C. praying that in the circumstances stated in the memo of grounds filed herein, the High Court may be pleased to release the petitioners on bail in Crime No. 54 of 2013 on the file of the Chandralapadu Police Station, Krishna District in the interest of justice.

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The petition coming on for hearing, upon perusing the Petition and the Memo of Grounds filed herein, and upon hearing the arguments of SRI P. NAGENDRA REDDY, Advocate for the Petitioner and of the Additional Public Prosecutor on behalf of respondent-State, the Court made the following

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ORDER :-

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“This criminal petition is filed by the petitioners-Accused Nos.1, 2, 4, 5 and 6 under Sections 437 and 439 of the Criminal Procedure Code seeking bail in Crime No.54 of 2013 of Chandarlapadu Police Station, Krishna District registered for the offence punishable under Sections 302, 307, 506, 120(B) read with 34 IPC.

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2. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor representing the respondent-state.

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3. It is alleged in the First Information Report that on 12.06.2013 while the deceased and L.W.1, who are teachers, were proceeding on a motor cycle at about 8.00 a.m. to the school and when they reached the place, which is one kilometer away to Konayapalem village, a Tata Sumo vehicle came from behind and dashed the motor cycle. Thereafter, three accused - A1 to A3 came on a motor cycle to the said place. A1 and A2 who are the pillion-riders got down from the motor cycle,

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identified the deceased, chased him to a distance of 10 meters, and while he was fleeing in the field killed him by hacking with knives. According to the prosecution, the aforesaid murder was committed in furtherance of the common intention of all the accused and A7 with his mastermind planned the offence, A5 and A6 allegedly gave information about the movements of the deceased. It is submitted by the learned counsel appearing for the petitioners that the petitioners have been in judicial custody since 22.06.2013.

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Contd..2…

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- 2 -

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4. Learned Additional Public Prosecutor would submit that investigation in this case is completed. However, he opposes for granting bail to A1 and A2.

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5. In this case, out of seven eyewitnesses, L.W.9 is the only witness who allegedly identified the accused during the course of test identification parade.

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6. Considering all aspects of the matter, more particularly, as the investigation is completed I am inclined to grant bail to the petitioners with the following conditions.

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7. In the result, the Criminal Petition is allowed and the petitioners – A1, A2, A4, A5 and A6 are ordered to be released on bail on each of them executing personal bonds for a sum of Rs.10,000/-(Rupees ten thousand only) with two sureties for the like sum each to the satisfaction of Additional Judicial Magistrate of First Class, Nandigama. It is further directed that the petitioners shall not enter into Krishna District, until further orders.”

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ASSISTANT REGISTRAR

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//TRUE COPY//

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for ASSISTANT REGISTRAR

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To 1.The Additional Judicial Magistrate of First Class, Nandigama, Krishna District.

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2.The Superintendent, Sub-Jail, Kaikaluru, Krishna District. 3.The Superintendent Central Prison, Rajahmundry, East Godavari District. 4.The Station House Officer, Chandarlapadu Police Station, Krishna District.

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5.Two CCs to Public Prosecutor, High Court of A.P., Hyderabad (OUT) 6.One CC to Sri P. Nagendra Reddy, Advocate (OPUC) 7.One spare copy

TKK

IGH COURT

RKR.J

DATE: 24-09-2013

BAIL ORDER

CRL.P. No. 9567 of 2013

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BAIL GRANTED

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DRAFTED BY TKK DT.24-09-2013.

HIGH COURT

RKR.J

DATE: 24-09-2013

BAIL ORDER

CRL.P. No. 9567 of 2013

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BAIL GRANTED

Nukala Sambasiva Rao , Samba v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Nukala Sambasiva Rao , Samba v. The State of Andhra Pradesh

Case brief

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What did the court decide?

What the court decided

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