Nallapati Shivaiah (A-1) v. The State Of Andhra Pradeh

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.5973 of 2016 ORDER:

The petitioner, who is A1, in S.C.No.55 of 2016 on the file of XIII Additional District Sessions Judge, Narasaraopet, filed the present application under Sections 437 and 439 of the Code of the Criminal Procedure (Cr.P.C.), seeking enlargement on bail. A charge sheet came to be filed against the accused and others for the offences punishable under Sections 120(B), 147, 148, 363, 302 read with Section 14 of IPC and Sections 25 and 27 of Arms Act.

The case of the prosecution is as under:

In the month of December, 1995 one Karasani Sreenu and his followers brutally murdered Ankamma Rao, who is the brother of the petitioner.

Since then, A1 decided to take revenge against the persons, who murdered his brother. While A1 was in jail, he is alleged to have conspired with other accused who were also in the jail. The case of the prosecution is that accused made the deceased to come to Srinivasa Bar and Restaurant, Narsaraopet, on the night of 15.03.2014, on the pretext of discussing a matter and on the way, while deceased Nos.1 and 2 were proceeding to Kakani in the car of the accused, A1 caught hold of the tuft of deceased No.1, pulled him out forcibly and all the accused hacked the deceased Nos.1 and 2 with knife. Basing on these allegations, the above case came to be registered.

A perusal of the averments in the charge sheet would disclose that the petitioner is involved in 11 cases of grave

offences. It may be true that insofar as Crime No.66 of 2013 is concerned, the petitioner has been acquitted, but, at the same time, it is to be noted that in the instant case the bail petitions filed by the petitioner on earlier occasions were rejected by this Court number of times i.e., vide orders dated 07.11.2014, 04.12.2014, 31.08.2015, 12.10.2015 in Crl.P.Nos.12555, 14768 of 2014, 6024 and 10262 of 2015 respectively. As seen from the above, the request of the petitioner was rejected even after filing of charge sheet.

Having regard to the gravity of the offences and also the fact that he is involved in other grave offences, I am not inclined to grant bail to the petitioner.

Accordingly, the Criminal Petition is dismissed. _________________________ JUSTICE C. PRAVEEN KUMAR 28.04.2016 vhb