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Crl MP No 106 of 2020 in Crime NO 292 of 2020 PS Manthani Dated 14

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Crl MP No 106 of 2020 in Crime NO 292 of 2020 PS Manthani Dated 14 1 IN THE COURT OF VI ADDL. SESSIONS JUDGE : GODAVARIKHANI. Present :- SMT. G.V.N.BHARATHA LAXMI, VI Addl. Sessions Judge, Godavarikhani. Monday, the 14th day of December, 2020 CRL. MISC. PETITION NO. 106 OF 2020 IN CRIME NO. 292 OF 2020 (P.S. MANTHANI). Between:- Koutam Raju S/o Prabhakar, age: 30 years, caste: M-kapu, Occup: Farmer, r/o Vilochavaram village of Manthani Mandal, Peddapalli district ... Petitioner/ Accused A N D The State represented by S.H.O., P.S. Manthani ¼Respondent/complainant PETITION FILED UNDER SECTION 439 OF Cr.P.C. OFFENCE UNDER SECTION 294 (b), 323, 506, 306 of IPC This petition is coming on before me on 11-12-2020 for hearing in the presence of Sri M.M. Baig, Advocate for the petitioner/accused and Addl. Public Prosecutor for State, upon perusing the material papers on record, upon hearing the arguments and having stood over for consideration to this day, this Court made the following :- :: O R D E R :: This is a bail petition filed under Section 439 Cr.P.C by the petitioner/accused in Crime No. 292/2020 of Manthani Police Station for the offence punishable under Sections 294(b), 323, 506, 306 of I.P.C for grant of bail. 2. The brief facts of the petition are as follows: That Police Station Manthani of Peddapalli District has registered a case in Crime No. 292 of 2020 dated 14-11-2020 u/sec. 2 294(b), 323, 506 IPC against the petitioner/accused basing on the complaint of Koravena Vishnuvardhan alleging that on 9-11-2020 at 1900 hours at Bhoolaxmi Gadde, Vilochavaram village the accused abused his father namely Koravena Balaiah in filthy language, beat him with his hands, kicked with legs and threatened with dire consequences to kill him by keeping the previous enmity. Due to which Koravena Balaiah fed up, humiliated and committed suicide by consuming pesticide poison. Immediately complainant and his family members shifted him to Govt. Hospital, Manthani as per the advice of the doctors he was again shifted to Govt. headquarters Hospital, Karimnagar where he died while undergoing treatment. Thereafter added the section of law 306 IPC. 3. The learned counsel for the petitioner/accused contended that the petitioner never committed any offence and he is innocent of the offence and a false case is foisted against him by planting witnesses and this is the third bail application, the earlier two bail applications were dismissed as investigation is not yet completed and in this case material witnesses were examined and almost all investigation is completed and prayed to grant bail to the petitioner/accused. 4. On the other side, the learned Addl. Public Prosecutor reported no counter but opposed the petition. 5. Heard the learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Perused the record. 3 6. Now, the point for consideration is whether the petitioner/ accused is entitled for bail as prayed for? 7. On perusal of case diary, it is found that a case was registered by the police Manthani in Crime No. 292 of 2020 u/sec. 294(b), 323, 506 initially against the petitioner/accused basing on the complaint of Koravena Vishnuvardhan and thereafter added the section of law 306 IPC and remanded the petitioner/accused to judicial custody on 17-11- 2020 since then he is in judicial custody. This is the third bail application, the earlier two bail applications were dismissed. As reported by the learned Addl. P.P. and on perusal of case diary that all the material witnesses Lws 1 to 9 were examined. In view of the above said facts and circumstances, this Court inclined to grant bail to the petitioner/Accused. Hence, the petition is allowed. 8. IN THE RESULT, the petition is allowed and the petitioner/ accused is ordered to be enlarged on bail on his executing a personal bond of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the Prl. Judicial Magistrate of First Class, Manthani. Typed to my dictation, corrected and pronounced by me in the open Court on this the 14th day of December, 2020. VI Addl. Sessions Judge, Godavarikhani. Copies to: 1) The Prl. Judicial Magistrate of First Class, Manthani 2) The S.H.O., P.S. Manthani 3) The Superintendent, District Jail, Karimnagar. 4) The System Officer, Computer Section, Prl. District and Sessions Court, Karimnagar with a request to upload the copy of this bail order in Karimnagar District e-Courts Web site, immediately. .
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