Pulivarthi Naraiah , Narappa Naidu v. The State Of A.P Rep By Its P.P

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE NINETEENTH DAY OF JANUARY, TWO THOUSAND AND EIGHTEEN : PRESENT:

THE HON'BLE SMT JUSTICE T.RAJANI CRIMINAL PETITION No. 24778 of 2017 Between:

Pulivarthi Naraiah @ Narappa Naidu, S/o. Venkaiah (A2) Petitioner (Accused No.2 in Cr.No. 206/2013 of Chilakaluripeta Town P.S., Guntur Dist) AND The State of Andhra Pradesh, rep by its Public Prosecutor at High Court of Andhra Pradesh, Hyderabad & SHO, Chilakaluripeta Urban Police Station, Guntur District. Respondent Petition under Section 438 of Cr.P.C. praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to direct the respondents ie., SHO, Chilakaluripeta Urban Police Station, to release the petitioner (A2) on bail in the event of his arrest pertaining to Crime No. 206 of 2013. The Petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri K.L.N.Swamy, Advocate for the Petitioner and of the Public Prosecutor (AP) for the Respondent, the Court made the following ORDER:

" This Criminal Petition is filed seeking for grant of anticipatory bail to the petitioner, who is accused No.2, in Crime No.206 of 2013 on the file of Chilakaluripeta Town Police Station, Guntur District. The offence alleged is under Section 306 I.P.C.

2.

Heard the learned counsel for the petitioner and the learned Public Prosecutor appearing for the respondent-State and perused the record. 3.

Learned counsel for the petitioner submits that there was absolutely no abduction of the deceased and that since the deceased was indebted to the farmers, including to this petitioner, the petitioner along with other accused have taken the deceased and handed over him to the Police. The same is reflected in the remand report.

4.

Hence, in view of the above, prima-facie, there seems to be no nexus between the alleged acts of the petitioner/accused No.2 and the suicide committed by the deceased.

5.

Accordingly, the Criminal Petition is allowed. The petitioner/accused No.2 is directed to surrender before the Station House Officer, Chilakaluripeta Town Police Station, Guntur District, within 15 days from the date of this order. On such surrender, the petitioner/accused No.2 shall be released on bail on his executing personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the said Station House Officer. Further, on such release, the petitioner shall abide by the conditions mentioned under Section 438(2) Cr.P.C.

As a sequel, the miscellaneous applications, if any pending, shall stand closed."

ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR

..2..

To

1. The Additional Junior Civil Judge at Chilakaluripet, Guntur District.

2. The SHO, Chilakaluripeta Urban Police Station, Guntur District.

3. Two CCs to the Public Prosecutor (AP), High Court, Hyd(OUT)

4. One CC to Sri K.L.N.Swamy, Advocate(OPUC)

5. One spare copy.

SAH

HIGH COURT TRJ DATED: 19-01-2018

ORDER

CRL.P.NO. 24778 OF 2017 ANTICIPATORY BAIL

DRAFTED BY: SAH APPROVED BY:

DRAFTED ON: 20-01-2018 HIGH COURT TRJ DATED: 19-01-2018

ORDER

CRL.P.NO. 24778 OF 2017 ANTICIPATORY BAIL