Crl MP No 204 of 2020 in Crime No53 of 2020 of Veenavanka PS Dated 13

1 IN THE COURT OF THE JUDGE, FAMILY COURT CUM ADDITIONAL SESSIONS JUDGE, KARIMNAGAR Present: Smt. P.V.P. Lalitha Siva Jyothi, Judge, Family Court cum Additional Sessions Judge, Karimnagar. Monday, this the 13th day of July, 2020 Criminal Miscellaneous Petition No. 204 of 2020 in Crime No. 53 of 2020 of Veenavanka P.S. Between: 1. Sangem Hanmanthu, S/o. Odelu, age about 52 years, Caste: SC Madiga, Native of Kondapaka (V) of Veenavanka mandal, now residing at Q.No. B- 6/12, NTPCtownship, Ramagundam mandal of Peddapalli District. 2. Sangem Rajesham @ Rajesh, S/o. Odelu, age 49 years, Caste: SC Madiga, Native of Kondapaka (V) of Veenavanka mandal, now residing at # 4-7-36, NTPC, Subhashnagar, Ramagundam mandal of Peddapalli District. 3. Sangem Odelu S/o. Mallaiah, age 80 years, Caste: SC Madiga, Native of Kondapaka (V) of Veenavanka mandal of Karimnagar District. ¼Petitioners/ Accused No.1 to 3. and The State through Station House Officer, Veenavanka P.S. ¼Respondent/Complainant. Offences under Sections 341, 302 r/w 34 IPC. Petition filed under Section 439 of Cr.P.C. This petition is coming before me today on 13.07.2020 for hearing in the presence of Sri Pulla Satyanarayana, Advocate for the petitioners/accused No.1 to 3 and learned Addl. P.P for the State, having heard and stood over for consideration to this day, the Court made the following: : O R D E R : This is a petition filed under Section 439 Cr.P.C for grant of bail to the petitioners/accused No.1 to 3. Notice given to learned Addl.P.P. Counter filed. Heard both sides. Perused the record. According to the prosecution, the petitioners/Accused No.1 to 3 by boring land disputes, on 09-06-2020 while deceased 1 and 2 were ploughing their land, A1 to A3 trespassed into their field and obstructed them and quarreled with them and attacked on them with an axe and knife and stabbed deceased 1 and 2 i.e., Purella Pocham @ Pochaiah and Purella Susheela and they died on the spot and the accused 1 to 3 did the said act with an intention to cause their death and thereby 2 the petitioners/Accused No.1 to 3 committed the offence punishable U/sec. 341, 302 r/w 34 IPC. The learned APP counter filed and vehemently opposed to grant bail and submits that the investigation is not yet completed and some more witnesses have to be examined and in case, the accused are granted bail, they will threaten and influence the witnesses and tamper the evidence and the complainant and accused are of the same village and there is life threat to the deceased's son i.e., LW1 and the material objects sent to FSL, Hyderabad and by knowing the criminal history of A1 to A3, nobody is coming forward to support the prosecution and prays to dismiss the petition. Whereas the learned for the petitioners/accused No.1 to 3 submits that petitioners/A1 to A3 are only earning members of their family and they will suffer much loss, if bail is not granted to them and entire investigation has been completed except filing of charge sheet and they are ready to abide by any conditions as imposed by the court and prays to grant bail to them and further prays to grant bail to A3 as he is an old aged person and suffering with ill health and old age ailments. As seen from the record, the petitioners/Accused No.1 to 3 are remanded to Judicial custody on 10.06.2020. The offence leveled against them are U/sec.341, 302 r/w 34 IPC. There are specific grave allegations against the petitioners/Accused No.1 to 3. This is the second bail application. The investigation is not yet completed and the same is under progress. As seen from the record, according to the prosecution, there is involvement of A3 also along with A1 and A2 in the commission of offence and they attacked on them with an axe and knife and stabbed them with a knife and killed deceased No.1 & 2 and died on the spot. Under these circumstances, If at this stage, the petitioners/Accused No.1 to 3 are enlarged on bail, there is every likelihood of threatening the witnesses, may hamper the investigation and may tamper the evidence and cause hurdles for further progress of investigation. There are no changed circumstances from the earlier bail application and this petition. Considering the nature of the offence and in view of the facts and circumstances of the case and in the interest of justice, I find that at this stage, the petitioners/Accused No.1 to 3 herein does not deserve to be granted bail. In the result, the petition is dismissed. Typed to my dictation by personal assistant, corrected and pronounced by me in the open Court on this the 13th day of July, 2020. sd/- Judge, Family Court cum Additional Sessions Judge, Karimnagar. To 1) The II Addl. Judicial Magistrate of First Class, Huzurabad. 2) The Station House Officer, Veenavanka P.S..

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