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In the Court of the Sessions Judge : Karimnagar

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In the Court of the Sessions Judge : Karimnagar 1 IN THE COURT OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE AT KARIMNAGAR. Present :- DR. S. SRINIVAS REDDY, I ADDL. SESSIONS JUDGE, KARIMNAGAR Thursday, this the 25th day of June, 2020 CRL. MISC. PETITION NO. 299 OF 2020 IN CR. NO. 72 OF 2020 OF P.S., RAMAGIRI Between:- 1. Rachakonda Laxman, S/o Peddulu, aged 36 Years, Caste: Tenugu, Occ: Agriculture, R/o H.No.2-28, Gundaram village of Kamanpur Mandal, Peddapalli District. Cell No.8978139882 2. Rachakonda Sadaiah, S/o Lasmaiah, aged 30 Years, Caste: Tenugu, Occ: Agriculture, R/o H.No.2-31/A, Gundaram village of Kamanpur Mandal of Peddapalli District. Cell No.6305726725 3. Gurrala Kista Swamy, S/o Laxmaiah, aged 36 Years, Caste: Tenugu, Occ: Agriculture, R/o H.No.3-27/1, Gundaram village of Kamanpur Mandal, Peddapalli District. Cell No.9550800486 4. Dande Ramesh, S/o Rajaiah, aged 36 Years, Caste: Munnurukapu, Occ: Coolie, R/o H.No.2-46, Gundaram village of Kamanpur Mandal, Peddapalli District. Cell No. 6550512375 …Petitioners/Accused No.1 to 4 And The State through SHO: P.S. Ramagiri represented by Additional Public Prosecutor, Sessions Court, Karimnagar. …Respondent/Complainant. PETITION FILED UNDER SECTION 439 of Cr.P.C. Offences punishable under Section 304-II of Indian Penal Code and Section 135 (1) (ii) of Electricity Act This petition is coming before me today i.e., on 25-06-2020 for hearing via Whatsapp videocalls by Sri K. Prashanth Kumar, Advocate for the petitioners/accused No.1 to 4 and the learned Additional Public Prosecutor for State and having heard them, this Court made the following :- ORDER 1. This is the second bail petition filed under Section 439 of Cr.P.C by the petitioners/accused No.1 to 4 in Cr.No. 72 of 2020 of P.S. Ramagiri for the offences under Section 304-II of Indian Penal Code and Section 135 (1) (ii) of Electricity Act. 2. Heard both the learned counsel for the petitioners/accused No.1 to 4 and the learned Additional Public Prosecutor for the State via Whatsapp videocall made from 2 their cell phones to my cell phone. 3. The petitioners/accused No.1 to 4 in Cr.No. 72 of 2020 of P.S. Ramagiri for the offences under Sections 304-II of Indian Penal Code and Section 135 (1) (ii) of Electricity Act are remanded to judicial custody in the said crime on 25-05-2020. 4. The allegations levelled against the petitioners/accused No.1 to 4 who are remanded to judicial custody on 25-05-2020 are that on 18-05-2020 at 0230 hours at the outskirts of Lonkakesharam village they have put up illegal electric supply to binding wire for hunting wild animals and caused death of Pidugu Venkatesh who is the husband of LW-1 and also caused injuries to Pidugu Sathish/LW-9 due to electric shock. 5. Heard the learned counsel for the petitioners/accused No.1 to 4 through whatsapp video call who submitted that a false case is filed against them by the de facto complainant/LW-1 who is the wife of the deceased and she has not mentioned the names of the petitioners/accused for the death of the deceased, the investigation has been completed in substantial part and except receipt of the P.M.E.Report and Medical Certificate nothing remains to be investigated into the crime and therefore, sought for enlarging these petitioners/A-1 to A-4 on bail on any conditions. 6. Sri V. Venkateshwarlu, learned Additional Public Prosecutor, while referring to the contents of the counter has submitted that except receipt of P.M.E.Report and Medical Certificate, the entire investigation appears to have been completed, but, sought for dismissal of this petition. 7. Having regard to the submissions and on a perusal of the material on record, it is apparent that the statements of the de facto complainant/LW-1 who is the wife of the deceased, LW-2 to LW-6 who are the mother, younger brother, elder brother, sister and brother of the accused have been recorded, apart from the statement of LW-7 who is shown as the village sarpanch of Gundaram village of Kamanpur mandal. Further, the statement of another injured who is LW-9 is also recorded and the scene of offence is videographed along with the dead body by LW-8. The inquest panchanama is conducted and LW-10 and LW-11 are the panch witnesses for inquest and crime details form. Further, the confession and recovery panchanama is also effected in the presence of LW-12 and LW-13 while autopsy over the dead body of the deceased is also conducted by LW-14 who is the duty medical officer. Thus, the 3 record discloses that major portion of investigation appears to have been completed except receipt of P.M.E.Report and Medical Examination Report of LW-9. Therefore, taking into account the date of remand of the accused persons which is on 25-05-2020, if the petitioners/accused are enlarged on bail on some conditions, it would not cause any prejudice to the investigating agency. Hence, this petition deserves to be allowed. 8. In the result, this petition is allowed and the petitioners/accused No.1 to 4 are ordered to be released on bail on condition of executing a personal bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties each for the like sum to the satisfaction of Prl. Judicial Magistrate of First Class, Manthani. Further, the petitioners/accused No.1 to 4 are directed to make themselves available for investigation by the police as and when required in the said case, and they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case and they shall not leave India without the previous permission of the concerned Court and they shall deposit their passports if any before the Court of Prl. Judicial Magistrate of First Class, Manthani and shall file an affidavit if they do not own any passport. Further, the petitioners/accused No.1 to 4 shall appear before the Station House Officer Ramagiri Police Station on every Sunday between 1000 hours and 1200 hours for a period of three months from the date of their release on bail, or till the case is taken on file whichever is earlier. The Court of Prl. Judicial Magistrate of First Class, Manthani shall act upon the downloaded copy of this Order from the e-Courts Website, Karimnagar for accepting the sureties and before issuing the release order, the Court below shall verify this Order from the e-Courts Website, Karimnagar. Dictated to Stenographer, transcribed by him, corrected and pronounced by me on this the 25th day of June, 2020. Sd/- I Additional Sessions Judge, Karimnagar. Copy to: 1. The Court of Prl. Judicial Magistrate of First Class, Manthani 2. The Superintendent, District Jail, Karimnagar 3. The Station House Officer, P.S. Ramagiri 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 Website. .
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