In an anticipatory bail petition under Section 438 Cr.P.C filed in an attempted murder case, the Single Judge examined the propensity of crime and the materials on record and dismissed the petition, holding that the petitioner did not deserve the concession.
The application for anticipatory bail was dismissed.
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.
THE HONOURABLE Dr.JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.10349 of 2014
ORDER:
This Criminal Petition filed under Section 438 Cr.P.C by petitioner/A-1 in Crime No.116/2014 on the file of Dhone Town Police Station, Kurnool District registered for the offences punishable under Section 307 read with 34 IPC.
2. Heard the Learned Counsel for the Petitioner, the Learned Additional Public Prosecutor for the Respondent-State and perused the material placed on record.
3. A perusal of the record shows that the de facto complainant have 10 acres of agricultural wet land and there are disputes between the accused persons, who are the sons of his younger paternal uncle. On 28.05.2014, the de facto complainant and his son digged pits in their so called land for planting teak trees and mango trees. The accused persons knowing the same, at about 8.00 pm armed with deadly weapons i.e., sticks and knives went to the house of de facto complainant and by threatening them that if they kill the de facto complainant and his son, there will be an end to the civil dispute relating to the property and the petitioner herein tried to attack the de facto complainant, then the de facto complainant stopped with his right hand. Due to which, he received injury to his right hand. In the mean while, Seshaiah--A-2 stabbed the de facto complainant in the stomach and due to which, he received blood injury and Prasad—A-3 beat the de facto complainant with stick and when his son Sekhar intervened, he was beaten by them.
3. The contention of the petitioner is that he is falsely implicated and he is innocent and entitled to concession of anticipatory bail.
4. Taking into consideration of the propensity of crime and from the material on record that it is the duty of the Court to balance with personal liberty, the petitioner does not deserve any concession of anticipatory bail
at this stage within the four corners of Section 438 Cr.P.C.
5. Accordingly, the Criminal Petition is dismissed.
__________________________ Dr. B.SIVA SANKARA RAO J, 5th September, 2014 knl
2 issues framed by the court
Whether the petitioner, accused in an attempted murder case, deserves the concession of anticipatory bail.
Whether the petitioner is falsely implicated and innocent despite evidence of the crime.
2 provisions across 2 enactments
Petitioner/A-1
Respondent-State
B.SIVA SANKARA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
