Munuwar v. The State Of Andhra Pradesh

THE HON'BLE DR.JUSTI CE SHAMEEM AKTHER CRI MI NAL PETI TI ON No.1 0 8 3 2 OF 2 0 1 8 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioner/ A.4, for grant of bail in Crime No.63 of 2018 of Ralla Buduguru Police Station, Chittoor District, registered for the offences punishable under Sections 323, 324 read with 34 IPC.

2.

Heard the learned counsel for the petitioner/ A.4 and the learned Additional Public Prosecutor representing the respondent-State and perused the record.

3.

The learned counsel for the petitioner would submit that there is inconsistency with regard to the date on medical certificate. A report with the police was lodged with a delay of about five days. The petitioner/ A.4 and the de facto complainant are relatives. Investigation is completed and ultimately, prayed to allow the petition.

4.

The learned Additional Public Prosecutor opposed the grant of bail to the petitioner.

5.

The material placed on record reveals that there was a pathway dispute between the de facto complainant and the family members of the petitioner/ A.4. There is specific mention in the statement of L.W.4-Hussain that the petitioner/ A.4 beat on his leg and fractured his leg. There is medical record to support the same. In view of the same, the allegations against the petitioner/ A.4 are grave in nature. So, he is not entitled for anticipatory bail. The petition is devoid of merit and is liable to be dismissed. 6.

In the result, the Criminal Petition is dismissed.

Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DR. SHAMEEM AKTHER, J Date: 26.10.2018 ssp