Kunigiri Pavan Kumar v. State Of Ap.,

SMT JUSTI CE T. RAJANI CRI MI NAL PETI TI ON No.1 6 3 6 of 2 0 1 8 ORDER:

This petition is filed under Sections 437 and 439 of the Criminal Procedure Code seeking to enlarge the petitioner, who is the accused, on bail in Cr.No.507 of 2017 on the file of the Station House Officer, Kurnool IV Town Police Station, Kurnool District. The offences alleged are under Sections 376, 302 and 201 of the Indian Penal Code. 2.

Heard the counsel for the petitioner and the learned Public Prosecutor appearing for the respondent.

3.

The case of the prosecution is that the accused committed the offence and went and made an extra-judicial confession before the VRO.

4.

The case depends on circumstantial evidence, except for the extra-judicial confession and recovery made from the accused, allegedly.

5.

The counsel for the petitioner submits that there is no evidence to show that the petitioner has committed the offence. 6.

But, the extra-judicial confession, which is an admissible piece of evidence, shows the heinous nature of the offence. The accused is no other than the son of the husband's brother of the deceased. He committed rape on her and also murdered her in order to screen the evidence. Hence, this Court opines that, in the light of the nature of the offence, it is not a fit case to grant bail to the petitioner.

The criminal petition is dismissed.

As a sequel, the miscellaneous applications, if any pending, shall stand closed. __________ T. RAJANI, J February 20, 2018 DSK