B.Laxmamma v. The State Of Telangana

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION No.1127 of 2017 ORDER:

The petitioners/A.1 to A.6 filed the present application under Section 438 Cr.P.C. to release them in the event of their arrest in connection with Crime No.255 of 2016 of Jedcherla Police Station, Mahaboobnagar District, registered for the offence punishable under Section 307 read with 34 IPC.

2.

It is stated that the statement of one Biyyani Varalaxmi was recorded by the police constable Jedcherla, which shows that on account of harassment made by the petitioners, she poured kerosene and set fire on her body. Later the Magistrate recorded a dying declaration wherein she stated that the petitioners and others beat her and poured kerosene on her and set fire on her with an intention to kill her. There is a contradictory version with the regard to the statement recorded by the police constable and the Magistrate. Therefore, at this stage, it cannot be decided which statement is true. As on today, the allegations made in the complaint would attract the offence punishable under Section 307 read with 34 IPC. The victim was recovered from her illness. Therefore, this Court find no prima facie, material to conclude that the petitioners are not committed the offence alleged. Hence, they are not entitled to claim pre-arrest bail. 3.

Accordingly, the Criminal Petition is dismissed. _____________________________________ M.SATYANARAYANA MURTHY, J 15.02.2017 YVL

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION No.1127 of 2017 Date: 15.02.2017 YVL