1 IN THE COURT OF VI ADDL. SESSIONS JUDGE : GODAVARIKHANI. Present :- SMT. G.V.N.BHARATHA LAXMI, VI Addl. Sessions Judge, Godavarikhani. Wednesday, the 11th day of November, 2020 CRL. MISC. PETITION NO. 84 OF 2020 IN CRIME NO. 126 OF 2020 (P.S.ADAVI MUTHARAM). Between:- Lingamalla Pavan Kalyan @ Kalyan @ Keerthi S/o Ramachandram, aged: 22years, Occupation: Driver r/o Maha Mutharam village and Mandal of Prof Jayashankar-Bhupalapally District ¼Petitioner/ accused No.2 A N D The State through S.H.O., P.S. Adavi Mutharam ¼Respondent/complainant PETITION FILED UNDER SECTION 439 OF Cr.P.C. OFFENCE UNDER SECTIONs 302, 201 r/w 109 IPC This petition is coming on before me on 10-11-2020 for hearing in the presence of Sri Puli Ashok Kumar and Sri D.Gopal Reddy, Advocates for the petitioner/accused No.2 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 petition filed under Section 439 Cr.P.C by the petitioner/ accused No.2 in Crime No. 126/2020 of Adavi Mutharam Police Station for the offence punishable under Sections 302, 201 r/w 109 of IPC for grant of bail. 2. The brief facts of the petition are as follows: That Police Station Adavi Mutharam District Jayashankar Bhupalapalli has registered a case in Crime No. 126 of 2020, dated 21- 2 8-2020 u/sec. 174 of Cr.P.C. initially basing on the complaint of Marupaka Narsaiah/LW1 alleging that on 20-8-2020 at 1800 hours his son/deceased Marupaka Devender, age: 32 years, r/o Regulagudem village died under suspicious manner in his house on cot. He suspected his daughter-in-law/deceased wife Marupaka Swapna and Lingamalla Kalyan r/o Mahamutharam village on the death of the deceased. Thereafter, section of law was altered to 302, 201 r/w 109 IPC, petitioner/A2 and Marupaka Swapna were arrested and remanded to judicial custody. 3. The learned counsel for the petitioner/accused No.2 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 investigation in this case is almost all completed and material witnesses were examined and prayed to enlarge the petitioner/accused No.2 on bail. 4. On the other side, the learned Additional Public Prosecutor filed counter and opposed the bail petition. 5. Heard the learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Perused the record. 6. Now, the point for consideration is whether the petitioner/ accused No.2 is entitled for bail as prayed for? 7. On perusal of case diary, it is found that initially a case was registered by the police Adavi Mutharam u/sec. 174 of Cr.P.C. basing on 3 the complaint of Marupaka Narsaiah/LW1 and thereafter altered the section of law from 174 Cr.P.C. to sections 302, 201 r/w 109 IPC and remanded the petitioner/A2 to judicial custody on 30-9-2020 since then he is in jail and on perusal of the CD file and as reported by the learned Addl.P.P. all most all investigation is completed and material witnesses Lws 1 to 5 were examined, hence there is no need to retain the accused in prison. In view of the above circumstances, this Court is inclined to grant bail to the petitioner/accused No.2. Hence, the petition is allowed. 8. IN THE RESULT, the petition is allowed and the petitioner/ accused No.2 is ordered to be enlarged on bail on his executing a personal bond of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the Additional Judicial Magistrate of First Class, Manthani. Typed to my dictation, corrected and pronounced by me in the open Court on this the 11th day of November, 2020. VI Addl. Sessions Judge, Godavarikhani. Copies to: 1) The Additional Judicial Magistrate of First Class, Manthani 2) The S.H.O., P.S. Adavi Mutharam 3) The Superintendent, Central Prison, Warangal 4) The System Officer, Computer Section, Prl. District & Sessions Court, Karimnagar with a request to upload the copy of this bail order in Karimnagar District e-Courts Website, immediately. .