Akula Pavan Kumar v. The State Of Telangana

THE HON'BLE DR.JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.12441 OF 2018 ORDER:

This Criminal Petition, under Section 439 of the Code of Criminal Procedure, 1973, is filed by the petitioners/A-5 and A-6, for grant of bail in Crime No.1108 of 2017 of Banjara Hills Police Station, Hyderabad, registered for the offences punishable under Sections 307, 435, 506 and 440 read with 34 I.P.C. 2.

Heard the learned counsel for the petitioners/A-5 and A-6, the learned Additional Public Prosecutor representing the respondent/State and perused the record.

3.

Learned counsel for the petitioners/A-5 and A-6 would contend that the petitioners/A-5 and A-6 are not responsible for any attack on the de facto complainant and they are falsely implicated in this case; that there was no intention for the petitioners/A-5 and A-6 to cause the death of the de facto complainant; that due to financial disputes between the de facto complainant and A-1, the petitioners/A-5 and A-6 are implicated in the subject crime and ultimately, prayed to allow this application.

4.

On the other hand, the learned Additional Public Prosecutor opposed the grant of bail to the petitioners/A-5 and A-6 and ultimately, prayed to dismiss this application. 5.

As per the F.I.R. lodged before the police, the de facto complainant was not listening to the demands of A-4 and avoiding him. There were some differences between the de facto

complainant and A-1 to A-3. A-1 to A-3 instructed A-4 to kill the de facto complainant by setting his car ablaze throwing a petrol bottle on it when the de facto complainant was travelling therein. Pursuant to the conspiracy, the petitioners/A-5 and A-6, on 05.12.2017, visited the house of the de facto complainant and observed the surroundings. On 06.12.2017, during morning hours, when the de facto complainant left his house by his Audi car, the petitioners/A-5 and A-6 followed his car on their bike. Thereafter, the petitioners threw the petrol bottle on the car and made an attempt to cause the death of the de facto complainant by setting fire. In that process, the top of the car was damaged. The petitioners/A-5 and A-6 were arrested and remanded to judicial custody on 28.10.2018.

The allegations against the petitioners/ A-5 and A-6 are specific and grave. At this juncture, it cannot be said that there was no motive to cause the death of the de facto complainant. The punishment for the alleged offences is also stringent. The petitioners/A-5 and A-6 are influential persons. There is possibility of threatening the witnesses and creating hurdles in the investigation of the case. The application is devoid of merit and is liable to be dismissed.

6.

Accordingly, the Criminal Petition is dismissed. 7.

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

___________________________________ DR.JUSTICE SHAMEEM AKTHER Date : 29.11.2018 AMD

THE HON'BLE DR.JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.12441 OF 2018 Date: 29.11.2018 AMD