1 IN THE COURT OF VI ADDL. SESSIONS JUDGE : GODAVARIKHANI. Present : SMT. G.V.N.BHARATHA LAXMI, VI Addl. Sessions Judge, Godavarikhani.
WEDNESDAY, the 8th day of July, 2020
CRL. MISC. PETITION NO. 25 OF 2020 IN CRIME NO. 249 OF 2020 (P.S. GODAVARIKHANI I TOWN).
Between:
1. Merugu Harish S/o Chandramoguli @ Chandramouli, age: 26 years, Caste: Padmashali, Occup: Contract Labour, OCP III, R/o H.No. 173 485, Dwaraka Nagar, Godavarikhani, Ramagundam Mandal, Peddapalli district, 2. Sandheveni Suresh @ Merugu Suresh S/o Rama swamy, @ Chandramouli, age: 29 years, Caste: Padmashali, Occup: SCCL employee in OCP III area, R/o H.No. 173485/1, Dwaraka Nagar, Godavarikhani, Ramagundam Mandal, Peddapalli district, 3. Godugu Venkatesh S/o Kanakaiah, age: 26 years, Caste; Tenugu, Occup: News paper agent, r/o H.No. 173390, Dwaraka Nagar, Godavarikhani, Ramagundam Mandal, Peddapalli district,
... Petitioners/Accused No.1 to 3 A N D The State through S.H.O., P.S. Godavarikhani I town …Respondent/complainant
PETITION FILED UNDER SECTION 439 OF Cr.P.C.
OFFENCE UNDER SECTION 143, 307. 323 r/w 149 IPC
This petition is coming on before me on 772020 for hearing in the presence of Sri B.Shantan Kumar, Advocate for the petitioners/accused No.1 to 3 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 petitioners/ accused No.1 to 3 in Crime No. 249/2020 of Police
Station, Godavarikhani I town for the offence punishable under Sections
143, 307, 323 r/w 149 for grant of bail. 2 2. The brief facts of the petition are as follows:
That Police Station Godavarikhani I town, District Peddapalli has registered a case in Crime No. 249 of 2020 dated 29062020 u/sec.
143, 307, 323 r/w 149 IPC against the petitioners/accused No.1 to 3 and A4 Koushika Shashidhar @ Laddu and A5 Vamshi auto driver, basing on the complaint of Burugu Satyam/LW1 alleging that on 286
2020 at 2225 hours at Dwarakanagar, Godavarikhani A1 to A5 all belongs to All India Forward block Party (Lion Symbol) with an intention to kill the complainant's son Burugu Vamshi Krishna have formed into an unlawful assembly, attacked him with iron punch, stone, hands etc., when he stood at a kirana shop to purchase curd and caused injuries on his head, left eye and body on the grudge that the injured actively participated in 45th Division Ramagundam Municipal Corporation
Election 2020 for the victory of TRS candidate Kommu venu and responsible for the defeat of Merugu Naresh who is the brother of A1 and
A2. The injured is undergoing treatment at Vision hospital, Laxminagar,
Godavarikhani.
3. The learned counsel for the petitioners/accused No.1 to 3 contended that the petitioners never committed any offence and they are innocent of the offence and a false case is foisted against them by planting witnesses due to political influence and in this case material witnesses were examined and prayed to grant bail to the petitioners/accused.
4. On the other side, the learned Public Prosecutor filed counter contending that the investigation is still in progress and some more 3 witnesses and if the petitioners/accused are released on bail they may influencing and threatening the witness and prayed to dismiss the bail application.
5. Heard the learned counsel for the petitioners as well as learned
Addl. Public Prosecutor for the State. Perused the record.
6. Now, the point for consideration is whether the petitioners/accused No.1 to 3 are entitled for bail as prayed for?
7. On perusal of case diary, it is found that a case was registered by the police Godavarikhani I town u/sec. 143, 307, 323, r/w 149 of IPC against the petitioners/accused No.1 to 3 and two others basing on the complaint of Burugu Satyam/LW1 and the petitioners/A1 to A3 were in judicial custody since 1.07.2020. As reported by the learned Addl. P.P. that the investigation is pending and some more witnesses have to be examined and if the petitioners/accused are released on bail they may interfere with investigation by influencing the witnesses. Hence, this
Court feels that at this juncture if the petitioners/accused A1 to A3 are released on bail there is every possibility of threatening or influencing the witnesses. Hence, the petitioners are not entitled to be released on bail.
Hence, the petition is dismissed.
8. IN THE RESULT, the petition is dismissed.
Typed to my dictation, corrected and pronounced by me in the open Court on this the 8th day of July, 2020.
VI Addl. Sessions Judge, Godavarikhani. 4
Copies to: 1) The I Addl. Judicial Magistrate of First Class, Godavarikhani. 2) The S.H.O., P.S. Godavarikhani I town 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 eCourts Web site, immediately.