Nannemmagari Fayaz v. The State Of A.P.

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO Criminal Petition No.9973 of 2018 ORDER:

The petitioner is A3 in Crime No.75 of 2018 on the file of Chagalamarri Police Station, Kurnool District. The crime is registered on 01.08.2018 for the offences punishable under Sections 307, 427 r/w 34 IPC.

2.

Heard the learned counsel for petitioner and the learned Special Assistant Public Prosecutor representing the State of Andhra Pradesh in opposing the same and perused the F.I.R. and the bail application averments.

3.

No doubt, earlier the petitioner withdrawn the anticipatory bail application when this Court not inclined to grant vide Crl.P.No.9426 of 2018 by order dated 12.09.2018, leave about he went unsuccessful before the learned V Additional District & Sessions Judge, Allagadda, in Crl.M.P.No.1297 of 2018 by order dated 28.08.2018. 3.

The accusation is that A1 beat the complainant on his head and caused bleeding injuries on the forehead and back and A2 beat him with crowbar and A3 beat him with stick and also damaged the motorcycle. The motive behind the occurrence from the case diary as observed in grant of regular bail to A1 & A2 in Crl.M.P.No.1368 of 2018 by order dated 06.09.2018 passed by the learned V Additional District & Sessions Judge, Allagadda, from paragraph No.7 is A3 was

Dr. SSRB, J Crl.P.No.9973 of 2018 admonished the complainant for the complainant is harassing A1's sister, who is living separately from her husband, and still he continues; thereby, the attack appears taken place and major portion of the investigation is completed, but for arrest of A3 to file final report from A1 surrendered on 14.08.2018 and A2 arrested on 23.08.2018.

4.

Having regard to the above, if at all any such concession the petitioner-A3 wants to avail, it is left open to surrender and move for regular bail before the learned Special Judge concerned. Accordingly, this Criminal Petition is disposed of. ____________________________ Dr. B. SIVA SANKARA RAO, J 26.09.2018 MVA