Jakke Laxmi v. The State Of Telangana
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HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE SEVENTEENTH DAY OF IVAY, TWO THOUSAND AND EIGHTEEN PRESENT THE HONOURABLE SRI JUSTICE T. SUNIL CHOWDARY CRLP.No. 5457 of 2018 Between:- l.Jakke Laxmi, W/o. Late Rajaiah 2.Jakke Suresh, S/o. Late Rajaiah Petitioners/Accused Nos. 1 & 2 AND The State of Telangana, through SHO, Jammikunta, PS, Karimnagar District, Rep. by Public Prosecutor, High Court of Judicature, Hyderabad. .....Respondent.
Petition filed under Sections 437 & 439 of Cr.P.C. praying that in the circumstances stated in the Grounds of Criminal Petition, the High Court may be pleased to enlarge the petitioner on bail on connection with Crjme No. 65 of 2018 on the file of P.S. Jammikunta, Karimnagar District The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri P. Devender, Advocate for the Petitioners and of Public Prosecuto(TS) on behalf of RespondentState, the Court made the following ORDER:-
THE HON'BLE SRI JUSTICE T, SUNIL CHOWDARY RI[4 NA ORDER:
This petition is filed by the petitioners-accused Nos.1 and 2, under Sections 437 and 439 Cr.P,C., seeking bail in Crime No.65 of 2018 on the file of the Station House Officer, Jammikunta Police Station, Karimnagar District, for the offence punishable under Section 302 read with 34 of IPC. 2.
The case of the prosecution is that on 24.3.2018, at about 04.30 hours, at Jammikunta village, the petitioners sprinkled chilli powder in the eyes of Jakya Naresh and beat him with pestle and iron rod respectively on his head and back. Due to the injuries caused by the petitioners, Naresh died. Basing on the report given by one Ramadevi, sister of the deceased, on 25.3.2018, the concerned SHO registered the above referred cn me.
3.
The learned counsel for the petitioners submitted that the petitioners are falsely implicated in this case due to the family disputes; therefore, it is a fit case to enlarge them on bail. Per contra, the learned Public Prosecutor representing the State submitted that investigation has been completed and the Investigating Officer prepared draft charge sheet. 4.
A perusal of the record reveals that the petitioner Nos.1 and 2 are mother and brother of Jakya Naresh-the deceased respectively. The record further reveals that the petitioners were arrested on 25.3.2018 and remanded to judicial custody. The petitloners filed Crl.M.P.No.256 of 2018 on the file of the Court of Principal Sessions Judge, Karimnagar and the same was dismissed on 12.4.2018 on the ground that the investigation is in progress.
5.
In this case, except Filing oF charge sheet, nothing remains to be investigated into. Even if the petitioners - accused Nos.1 and 2 are released on bail, there is no chance to tamper the prosecution witnesses. 6.
Taking into consideration the facts and circumstances of the case, this Court is of the considered view that it is a fit case to grant bail to the petitioners. Petitioners - accused Nos.1 and 2 shall be released on bail on furnishing self-bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with two sureties for a like sum each to the satisfaction of the Court oF II Additional Judicial Magistrate of First Class, Huzurabad.
7.
The Crlmlnal Petition is, accordingly, allowed. Sd/- G. RAJESHWARA ASSISTANT REGIS R //TRUE COPY'
for ASSISTANT REGISTRAR To 1.The Principal Sessions Judge, Karimnagar.
2.The Additional Judicial First class Nilagistrate, Huzurabad, Karimnagar District. 3.The station House Officer, Jammikunta Police statlon, Karimnagar District. 4.The Superintendent, District Prison, Karimnagar. 5.Two Cis to the Public Prosecuto(TS), High Court at Hyd (OUT) 6.One CC to Sri P. Devender, Advocate(OPUC) 7.One spare copy.
8.The ll Additional Judicial l\,4agistrate of First Class, Huzurnagar, Karimnagar District.
TKK
HIGH COURT TSC.J D't .I7-05-20 r 8.
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B.\ I I, OIiI)I.]Ii CRl..l'.No.5'197 of 201 8 IIELI.],,\S E TI I Ii, PETI]'ION ERS ON It;\ll-