Aitharaju Janaiah v. The State Of Telangana

HON'BLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.5962 OF 2018 ORDER:

The petitioner is the sole accused in crime No.93 of 2016 of Gurampode Police Station, Nalgonda District, registered for the offences punishable under Sections 323 & 506 IPC. It was based on the report of the defacto complainant no other than father of the accused dated 28.06.2016 stating that the accused, who is his elder son, while he was going in front of the house of MPTC Sanjeev Reddy called his son and informed to beat him due to which Janaiah bet him that was witnessed by Krishna Reddy father of MPTC Sanjeev Reddy and his son warned him. It is based on that crime No.93/2016 registered for the offences punishable under Sections 323 & 506 IPC and subsequently Section of law altered to Section 304 part-II IPC based on the report of the younger son of the complainant on 15.07.2016.

The contentions of the petitioner is that he is innocent and falsely implicated and he went unsuccessful earlier seeking for anticipatory bail in Crl.M.P.No.375 of 2018 dated 11.05.2018 passed by the learned Judge, Family Court, Nalgonda. Said saidulu no other than father of accused and defacto complainant shown aged about 79 years.

Though there is force in the contention of the learned counsel for the petitioner that there is nothing from the investigation to show any direct nexus between the death and

the so called simple hurt under Section 323 IPC in registration of the crime to alter for Section 304 part-II IPC, it is not a fit case for grant of anticipatory bail. However, these observations will not prejudice for surrender and move for regular bail. Accordingly and in the result, this Criminal Petition is dismissed.

Miscellaneous petitions, if any, shall stand closed. _______________________________ Dr. B. SIVA SANKARA RAO, J Date: 05.07.2018 ska