Crl.M.P.No.128 of 2021 1/3

IN THE COURT OF THE XVI ADDITIONAL SESSIONS JUDGE AT .

PRESENT: SRI D. YEDUKONDALU Special Judge for Trial and Disposal of Commercial Disputes, Ibrahimpatnam, . FAC XVI Additional Sessions Judge, Nandigama.

Wednesday, this the 18th day of August, 2021.

Crl.M.P.No.128 of 2021 in Crime No.398 of 2021 of Kanchikacherla Police Station, Kanchikacherla.

Between: Mecherla Rahul Karthikeya @ Karthikeya S/o Guravaiah, aged about 20 years, Kanchikacherla Village & Mandal, Krishna District. (A1) … Petitioner/A1

And

The State: Represented by Station House Officer, Kanchikacherla P.S., Rep. by its Addl. Public Prosecutor, Nandigama. … Respondent/Complainant

This petition is coming on 17.08.2021 for final hearing through Blue Jeans V.C in the presence of Sri Darsi Arjuna, Advocate for petitioner/A1 and learned Additional Public Prosecutor for respondent/complainant and upon perusing the entire material on record, this court made the following: // O R D E R //

The petitioner/A1 filed this petition under Ss.437 and 439 of Code of Criminal Procedure, 1973 (in short Cr.P.C) to enlarge him on bail.

2) According to the case of the prosecution, as stated in the petition, on 09.07.2021 at about 05.00 hours when the defacto-complainant was returning from Vijayawada to Hyderabad by his vehicle bearing No.TS08 US 0878 and when he reached New Bye-pass Road of Nakkalampeta village, five persons followed him by their two-wheelers and restrained him and also committed theft of Rs.6,500/- by putting him in fear of hurt with a knife. The defacto-complainant identified a vehicle bearing No.AP 39JV 8371 DUO Red Colour and also identified the names of two persons as Galisaid, and Karthik. The defacto-complainant went to Police Station and lodged a report. The same was registered as a case in Cr.No.398/2021 under Sec.395 of Indian Penal Code, 1860 (in short IPC). The petitioner/A1 was arrested on 16.07.2021 and he was remanded to judicial custody. The other persons were Juveniles in Conflict with Law. They were arrested and produced before the II Additional Chief Metropolitan Magistrate’s Court-cum-Juvenile Justice Board, Vijayawada and were released on bail.

2.2) The petitioner/A1 further stated that he did not commit any offence, and he was no way concerned with the allegations. Most of the investigation was Crl.M.P.No.128 of 2021 2/3 completed and there was no question of tampering evidence. The case property was also recovered. The first bail petition vide Crl.M.P.No.122/2021 was dismissed on 06.08.2021. He would attend all future adjournments before the Court without fail, and he prayed the Court to enlarge him on bail.

3) Notice was given to the learned Additional Public Prosecutor and a memo was filed. I heard the learned counsel for the petitioner/A1 and the learned Additional Public Prosecutor through Blue Jeans V.C.

4) Now the point for determination is: Whether the petitioner/A1 is entitled to be enlarged on bail, as prayed for?

5) POINT: The learned Counsel petitioner/A1 submitted that the allegation against the petitioner and 04 others who were Juveniles in Conflict with Law was that they extracted a sum of Rs.6,500/- from the defacto-complainant by putting him in fear of hurt showing a knife. He further argued that the petitioner/A1 has been in judicial custody from 16.07.2021 and as the other persons are Juveniles in Conflict with Law, they are released on bail. He further argued that the property was recovered and the entire investigation was completed. He further argued that the first bail petition vide Crl.M.P.122/2021 was dismissed on 06.08.2021. Hence, he prayed the Court to enlarge the petitioner/A1 on bail. On the other hand, the learned Additional Public Prosecutor argued that the petitioner/A1 and others were addicted to lead luxurious life and as they did not have sufficient money, they used to commit the offences of like nature. He further argued that as per the confessional statement of the petitioner/A1, they involved in other offences and the investigation is still pending. Hence, he prayed the Court to dismiss the petition.

5.2) As it could be seen from the remand report dated 16.07.2021, the petitioner/A1 was arrested on 16.07.2021, and he was produced before the Learned Additional Judicial First Class Magistrate, Nandigama who ordered judicial custody. The remand report further disclosed that 04 Juveniles in Conflict with Law were also arrested and produced before the II-Additional Chief Metropolitan Magistrate’s Court- cum- Juvenile Justice Board, Vijayawada. The remand of the petitioner/A1 was sought for proper investigation of the offence and to prevent the commission of any further offence. But, as it could be seen from the Part-I CD, there was no further progress mentioned in the C.D. The confessions given by the petitioner/A1 and others, prima facie established that they committed other offences of like nature. The first bail petition vide Crl.M.P.No.122/2021 was dismissed on 06.08.2021. The petitioner/A1 has been in judicial custody from 16.07.2021. The investigation might be completed by this stage. However, in order to enable the investigation agency to Crl.M.P.No.128 of 2021 3/3 complete the further investigation if any with the availability of the petitioner/A1, I am inclined to grant bail to the petitioner/A1 by imposing certain conditions. The point is answered accordingly.

6) In the result, the petition is allowed by enlarging the petitioner/A1 on bail on his executing a bond for ₹ .10,000/- with two sureties for like sum each to the satisfaction of the Additional Judicial First Class Magistrate, Nandigama, and on condition that he shall appear before the Station House Officer, Kanchikacherla Police Station on every Sunday between 10.00 a.m and 5.00 p.m., for a period of eight (08) weeks or until the charge sheet is filed, whichever is earlier.

Dictated to the Stenographer, transcribed and corrected by him, corrected and pronounced by me in open Court, on this the 18th day of August, 2021.

Special Judge for Trial and Disposal of Commercial Disputes, Ibrahimpatnam, Vijayawada. FAC XVI Additional Sessions Judge, Nandigama.

Copy to:-

1. The Additional Judicial First Class Magistrate, Nandigama. 2. The Additional Public Prosecutor, XVI Additional Sessions Court, Nandigama. 3. The Station House Officer, Kanchikacherla Police Station, Kanchikacherla.