Madu Rama Krishna, v. State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.4948 of 2016 ORDER:

The petitioner who is A1, filed the present application under Section 438 of the Code of the Criminal Procedure (Cr.P.C.), seeking release in the event of his arrest in connection with Crime No.150 of 2016 of Penamaluru Police Station, Vijayawada District, registered for an offence punishable under Section 307 read with Section 34 of IPC. The case of the prosecution is that on 06.03.2016 at about 01.30 p.m., while the informant was going on his motor cycle for getting his cell recharged, A1 to A3 came in their motor cycle and hit him with leg while overtaking him due to which he fell down on the road. A1 to A3 reached there and are alleged to have abused the informant in filthy language. Thereafter, A1 took rod from his vehicle and beat the informant on his head, causing bleeding injuries, while A2 and A3 caught hold of him and beat him with their legs. The averments in the report also disclose that A1 pressed the neck of the informant and beat him with rod on his body indiscriminately. Basing on these allegations, the present case came to be registered.

A perusal of the material on record would show that A1 is alleged to have beat the informant with a rod on the head causing bleeding injuries and later he has pressed the neck of the informant. In view of specific allegations made against the petitioner, his request cannot be considered.

Accordingly, the criminal petition is dismissed. _________________________ JUSTICE C. PRAVEEN KUMAR 13.04.2016 vhb