Kalvala Chandrashekar , Chandu v. The State Of Telangana
HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.2712 of 2019 O R D E R :
The petitioner/A.1 has filed the present Criminal Petition under Sections 437 and 439 Cr.P.C. seeking enlargement on bail in S.C.No.243 of 2018 on the file of III Additional Judicial First Class Magistrate, Warangal, registered for the offences punishable under Sections 120(B), 302, 364, 326 r/w. Section 34 of IPC.
The case of the prosecution is that, on 29.11.2017 at 21.00 hours the defacto complainant lodged a complaint stating that her second daughter's marriage was performed with one Boina Chanti and they were blessed with a female child, later in view of the disputes between wife and husband, her second daughter is living with them, later on 29.11.2017 her second daughter informed her that she was going in search of some employment and on the same day at 5.30 p.m. she received a phone call from MGM Hospital, Warangal that some persons poured acid on her daughter and her daughter got admitted in MGM Hospital, Warangal, later she came to MGM Hospital and found her daughter suffering from acid burn injuries and her daughter died while undergoing treatment. She alleges that the petitioner/A.1 is responsible for the above said incident. Basing on the said complaint, the police registered a case in Crime No.160 of 2017 and arrested
the accused and produced before the Magistrate concerned. Hence, the present application.
Learned counsel for the petitioner/A.1 contends that investigation is completed and charge sheet has already been filed and the case was numbered as S.C.No.243 of 2018 and trial is yet to be commenced. It is also contended inspite of allowing of W.P.No.19561 of 2018 filed by the petitioner by this Court vide order dt.01.08.2018, the petitioner has not been released on bail and he is in judicial custody. It is contended that the petitioner is the only the working member in the family and if bail is not granted, the entire family would suffer.
On the other hand, the learned Additional Public Prosecutor opposed the bail application that earlier bail applications filed by the petitioner have already been rejected by the trial Court as well as by this Court.
Heard learned counsel for the petitioner/A.1 and the learned Additional Public Prosecutor appearing for the respondent State.
By taking into consideration the gravity of offences alleged against the petitioner/A.1, as earlier bail applications filed by the petitioner have already been rejected by the trial Court as well as by this Court and as there is no new ground urged by the petitioner for grant of bail, the petitioner/A.1 is not entitled for grant of bail.
Accordingly, the Criminal Petition is dismissed.
However, the trial Court is directed to commence the trial and conclude S.C.No.243 of 2018 as early as possible, preferably within a period of six (6) months.
As a sequel, miscellaneous petitions pending, if any, shall stand closed.
________________________ JUSTICE G. SRI DEVI 09.07.2019.
Msr
HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.2712 of 2019 09.07.2016 Msr