IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY NINTH DAY OF APRIL, WO THOUSAND AND FOURTEEN PRESENT THE HON'BLE DR. JUSTICE: K. G. SHANKAR CRL.P. No. 5003 OF 2014 Between:
Pesala Samba Shiva Reddy S/o Narasimha Reddy Petitioner/Accused No.
A3 (in Cr No. 17 of 2014 on the file of Kadapa Taluq P.S. Kadapa, Y.S.R. District) AND The State of A.P., rep. by its Public Prosecutor, High Court of A.P., Hyderabad.
Respondent/Complainant COUNSEL FOR THE PETITIONER: Sri V.R. Reddy Kovvuri COUNSEL FOR THE RESPONDENT : The Additional Public Prosecutor Petition under Sections 437 & 439 of Cr.P.C., praying that in the circumstances stated in the petition and grounds filed herein, the High Court may be pleased to enlarge the petitioner on regular bail in Crime No. 17 of 2014 on the file of the Kadapa Taluq Police Station, Kadapa, Y.S.R. District THE COURT MADE THE FOLLOWING ORDER “The petitioner is A-3. He seeks for grant of bail. He allegedly committed offences under Sections 120-B, 302 and 201 IPC read with Section 34 IPC.
The petitioner along with others allegedly murdered one Savitri.
Learned Additional Public Prosecutor submitted that the petitioner is a rowdy-sheeter and that it may not be appropriate to consider the case of the petitioner for grant of bail at this stage, more particularly so, as elections are scheduled to take place in Kadapa District on 07.05.2014.
Learned counsel for the petitioner submitted that there was no direct evidence against the petitioner and that the petitioner is merely implicated on an assumption that the petitioner could have murdered the deceased. He further submitted that there was no eye witness account for the incident that the petitioner is innocent of the offences.
In view of the fact that there are no eye witnesses for the incident, I consider it appropriate to enlarge the petitioner on bail. However, where the petitioner is a rowdy-sheeter and where elections are scheduled to take place in Kadapa District on 07.05.2014, I consider it appropriate to enlarge the petitioner on bail only after the elections.
Consequently, the Criminal Petition is allowed. The petitioner-A3 is enlarged on bail on a personal bond of Rs.10,000/- (Rupees ten thousand only) with two sureties in a likesum each to the satisfaction of the II Additional Judicial Magistrate of First Class, Kadapa, Y.S.R. District.
(Contd. 2.) . 2 .
The learned II Additional Judicial Magistrate of First Class, Kadapa, Y.S.R. District, shall accept the solvencies on or after 08.05.2014 only.”
//TRUE COPY// To ASSISTANT REGISTRAR for ASSISTANT REGISTRAR
1. The Principal District and Sessions Judge, Kadapa.
2. The II Additional Judicial Magistrate of First Class, Kadapa, Y.S.R. District.
3. The Station House Officer, Kadapa Taluq Police Station, Kadapa, Y.S.R. District.
4. The Superintendent, Central Jail, Kadapa, Y.S.R. District.
5. Two CCs to Public Prosecutor, High Court of A.P., Hyderabad. (OUT)
6. One CC to V.R. Reddy Kovvuri, Advocate (OPUC)
7. One Spare copy BV HIGH COURT DR. KGS.J DATED: 29-04-2014 BAIL ORDER CRL.P.NO.5003 OF 2014 BAIL GRANTED DRAFTED: BY BV DATED : 02-05-2014 HIGH COURT DR. KGS.J DATED: 29-04-2014 BAIL ORDER CRL.P.NO.5003 OF 2014 BAIL GRANTED