Jampala Ramesh v. The State Of Telangana

THE HON'BLE DR. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.11687 OF 2017 ORDER:

Heard learned counsel for the petitioner/A.3, learned Additional Public Prosecutor for the respondent State and perused the record.

This petition is filed under Section 439 Cr.P.C. for grant of bail to the petitioner/A.3 in Crime No.736 of 2017 of Hayathnagar Police Station, Ranga Reddy District, for the offences punishable under Sections 387, 307 and 120(B) IPC read with Section 34 IPC. Learned counsel for the petitioner would submit that the entire investigation is completed and all the allegations levelled against the petitioner/A.3 are false. The petitioner/A.3 is no way connected with the dispute between A.1 and the de facto complainant, who were running a hospital jointly, and ultimately prayed to allow the petition.

Learned Additional Public Prosecutor opposed the grant of bail to the petitioner/A.3.

There is a record to show that the de facto complainant along with her husband is running hospitals, viz., Jeevan Hospital, Karmanghat and Sri Sai Hospitals, Karimnagar. A.1 was a partner in the said hospitals. After sometime, differences arose between them. So, A.1 voluntarily left from the hospitals. Thereafter, they lodged reports against each other. A.1 bore grudge and wanted to eliminate the de facto complainant. He hired the services of petitioner/A.3 and A.2 and agreed to pay Rs.10,00,000/- to eliminate the de facto complainant. As per the terms of the settlement, A.1 paid Rs.5,00,000/- to the accused.

The petitioner/A.3 received Rs.50,000/-.

The A.1 started pressurizing A.2 to execute the plan. A.2 used to carry the folded knife to eliminate de facto complainant-Dommineni Durga Rani. The petitioner/A.3 telephoned to the husband of the de facto complainant on 16.10.2017 and visited their hospital in order to eliminate the de facto complainant. When this conspiracy came to light, there is a confession of A.1 with regard to receipt of Rs.50,000/- by petitioner/A.3 and an amount of Rs.25,000/- was seized from his possession along with two cell phones. There are specific and grave allegations. The investigation is in progress. There is possibility of causing disappearance of material evidence. Therefore, the petitioner/A.3 is not entitled for bail. In the result, the Criminal Petition is dismissed. ____________________________ Dr. SHAMEEM AKTHER, J 12th December, 2017.

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