IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THURSDAY , THE EIGHTH DAY OF MAY TWO THOUSAND AND FOURTEEN :PRESENT:
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRLP .NO:4882 of 2014 Between:
Pidugu Srinivas Tamma Rao,@ Bobby, S/o Chakradhara Rao, . Petitioner/Accused No. 13 AND The State of Andhra Pradesh Rep., by its Public Prosecutor, A.P High court, at High Court Buildings, Hyderabad, Andhra Pradesh.
. Respondent/Complainant Petition under Section 437 & 439 of Cr.P.C., praying that in the circumstances stated in the petition and the grounds filed herein, the High Court may be pleased to enlarge the petitioner/accused-13 on bail in connection with Crime No. 39 of 2014 for the offence under section 461 and 380 of IPC on the file of the SHO P.S. Karapa, East Godavari District.
The petition coming on for hearing, upon perusing the petition and the Memo of grounds filed herein, and upon hearing the arguments of SRI SESHAGIRIRAO YALAMANCHILI, Advocate for the Petitioner and of the Additional Public Prosecutor, for the Respondent, the Court made the following.
ORDER This Criminal Petition, under Sections 437 & 439 of the Code of Criminal Procedure, 1973 (For short, ‘the Cr.P.C.’), is filed to enlarge the petitioner-A13 on bail in connection with Crime No.39 of 2014 of Karapa Police Station, East Godavari District, for the offences punishable under Sections 461 and 380 IPC.
2. The case of the prosecution is that the petitioner along with some other persons committed theft by breaking open the shutter door and entered into a house and taken away the belongings of the de facto complainant.
3. Learned counsel for the petitioner submits that the petitioner is in judicial custody since 14.3.2014.
4. The learned Additional Public Prosecutor opposed the petition on the ground that the petitioner and others committed theft of 350 bags of broken rice by breaking open the shutters of the shop. He further contended that the investigation is not yet completed and so far four witnesses have been examined.
5. It is a case where theft of 350 bags were allegedly committed by 10 accused persons during night time and in fact, it is impossible for anybody to commit theft of 350 bags of paddy or rice without noticing by anybody by breaking open the shutters of the shop. Material part of the investigation is completed. Even if the petitioner is enlarged on bail, the question of further interfering with the investigation, does not arise.
6. Taking into consideration, the stage of investigation, period of judicial custody and gravity of the offence, I find that it is a fit case to grant bail to the petitioner.
7. In the result, the Criminal Petition is allowed. The petitioner is enlarged on bail on his executing a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties in a like sum each to the satisfaction of the IV Additional Judicial Magistrate of First Class, Kakinada, East Godavari District.
//TRUE COPY// To ASSISTANT REGISTRAR For ASSISTANT REGISTRAR
1. The IV Additional Judicial Magistrate of First Class, Kakinada, East Godavari District.
2. The Superintendent, Central Jail, Rajahmundry, East Godavari District.
3. The Station House Officer, Police Station, Karapa, East Godavari District.
4. Two CC’s to the Public Prosecutor, High Court of A.P., Hyderabad. (OUT)
5. One CC to SRI SESHAGIRIRAO YALAMANCHILI, Advocate (OPUC)
6. One spare copy. BRT HIGH COURT MSMJ DATED: 8-5-2014 ORDER:
CRL.P.NO.4882 OF 2014 BAIL HIGH COURT BRT DRAFTED ON: 9-5-2014 MSMJ DATED: 8-5-2014 ORDER:
CRL.P.NO.4882 OF 2014 BAIL