Mamidi Venu , Rider v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.8916 OF 2022 ORDER:

This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioner/A3, in Crime No.97 of 2022 on the file of Karimnagar III Town Police Station, Karimnagar, registered for the offences punishable under Sections 302, 307, 201 and 120 B of the Indian Penal Code. 2.

Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State and perused the record.

3.

A complaint was filed on 08.05.2022 stating that while the deceased was travelling on a Scooty as a pillion rider, a vehicle hit from rear side and ran over them. Accordingly, a crime under Section 337 of the Indian Penal code was registered. Thereafter, the injured died on 17.05.2022 for which reason the section of law was altered to 304-A of the Indian Penal Code. However, on 22.07.2022 one Ravula @ Guda Parsharamulu, filed a complaint stating that he was suspecting this petitioner and two others (A1 & A2) of

committing the murder of the deceased by running over them with a vehicle. The said vehicle belongs to Accused No.2 which is a TATA Sumo. Accordingly, on the basis of the subsequent complaint which was lodged on 22.07.2022, the section of law was altered from 304-A Indian Penal Code to 302 and 307 of the Indian Penal code.

4.

Learned Counsel for the petitioner submits that in fact there are disputes regarding the properties in between this petitioner/A3, A2 & A2 and the deceased. However, there is no evidence to show that this petitioner along with two others (A1 & A2) has committed the accident deliberately to kill the deceased.

5.

Learned Assistant Public Prosecutor basing on the investigation submits that this petitioner along with two others (A2 & A1) have conspired to kill the deceased and her husband.

6.

Since the petitioner is in jail from 23.07.2022 and as seen from the Remand Report, major part of the investigation is complete, this petitioner can be granted the relief of regular bail subject to the following conditions:

i) The petitioner/A3 shall execute personal bonds for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum each to the satisfaction of Principal Junior Civil Judge-cumJudicial Magistrate of first Class at Karimnagar. ii) The petitioner/A3, after release, shall appear before the concerned Station House Officer every day between 10.30 AM and 01.00 PM for a period of one month, for the purpose of investigation.

iii) The petitioner/A3 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C. 7.

Accordingly, the criminal petition is allowed. Miscellaneous applications, pending if any, shall stand closed.

_________________ K.SURENDER, J Date: 12.10.2022 tk

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 8916 OF 2022 Dt.12.10.2022 tk