Goli Brahmaiah v. The State Of Ap.,

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION Nos.10096, 10099, 10104, 10105, 10107, 10108, 10109, 10110, 10111, 10112, 10113, 10114 and 10115 of COMMON ORDER :

The petitioners are A.1 to A.8 common in all the 13 crimes, registered for the offences punishable under Sections 379 and 411 IPC and Sections 136-A, 137 and 139 of the Electricity Act respectively. 2.

It is from their arrest and disclosure about their complicity, the crimes were registered in their modus operandi of trespassing into the agricultural fields and committing theft of the copper coils/winding wire of the electrical transformers by broke open the seals. 3.

The petitioners went unsuccessful in seeking bail before the learned I Additional Sessions Judge, Guntur, which is the Special Court, now moving for the regular bail. The cognizance taken is mainly under Section 136-A of the Electricity Act. There are in all nine accused. However, the petitioners are eight accused besides another accused by name, Chilaka Baburao @ Babu. There are two more cases covered by Crime No.117 of 2018 of Piduguralla P.S. and another Crime No.148 of 2018 against Chilaka Baburao @ Babu as the sole accused.

4.

A perusal of the case diary from the facts shows in all the cases charge sheets filed and cognizance taken by the Special Judge by allotting of Sessions Case numbers.

Dr.SSRB, J Crl.P.No.10096 of 2018 & batch 5.

Having regard to the above and from the manner in which the crimes perpetrated by the accused having been involved in more than 14 cases referred supra, the criminal petitions are dismissed with a direction to the Special Judge to proceed with the trial, if any, after hearing before charges, as early as possible, as per the letter and spirit of Section 309 Cr.P.C., at any cost for disposal within four months from the date of receipt of the order.

Miscellaneous petitions pending, if any, shall stand closed. ____________________________ Dr. B. SIVA SANKARA RAO, J 1st October 2018.

mar