Telangana High Court

CRLP/15423/2013 of Peetha Ramanababu (A5) Vs The State, on 31 December 2013

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R. KANTHA RAO CRIMINAL PETITION NO.15423 OF 2013 ORDER: Heard the learned counsel appearing for the petitioners/ A -5 & A -7 and the learned Additional Public Prosecutor representing the State. This criminal petition is filed under Sections 437 and 439 of the Code of Criminal Procedure

HON’BLE SRI JUSTICE R. KANTHA RAO

CRIMINAL PETITION NO.15423 OF 2013

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ORDER:

Heard the learned counsel appearing for the petitioners/A-5 & A-7 and thelearned Additional Public Prosecutor representing the State.

This criminal petition is filed under Sections 437 and 439 of the Code ofCriminal Procedure seeking regular bail to the petitioners.

Basing on the report lodged by the son of the deceased, a case in CrimeNo.275 of 2013 of Police Station, Tekkali was registered alleging commission ofoffence punishable under Sections 302, 120-B, 341 r/w 34 and 109 of IPC.

From the contents of the F.I.R. it appears that there is long standing enmitybetween the family members of the deceased and the accused. In view of the saidenmity, it is said that the accused conspired with a view to kill the deceased, and inpursuance of their conspiracy, the deceased was killed on 20.11.2013 at about 6P.M.

The learned counsel appearing for the petitioners submits that no overt actsare attributed to the petitioners/A-5 & A-7. In the remand case diary, it is mentionedthat A-6 and A-7 advised A-1 to A-3, A-5 and A-8 to secure knives for killing thedeceased. Thereafter, A-5 went to the house of his relative viz. Buddu of Damaravillage and brought two knives which were available at the house, since the kniveswere not having grips, they thought that they were not useful for the purpose ofkilling, then A-1 and A-5 secured three knives from the blacksmith of Attavaramvillage and among them two knives were kept at the house of A-1 and another waskept at the house of A-5, later it is said that A-1 to A-3, A-5 and A-8 assembled onthe bund of water tank located at the end of Kothacheri veedhi, on the culvertlocated at the said street and on the terrace of A-5 they discussed how and where tokill the deceased.

The deceased after receiving fatal injuries was in a precarious condition, hefell down and died on the spot. The remand case diary shows the involvement ofthe petitioners/A-5 and A-7 in the commission of the offence. Investigation in thiscase is at crucial stage. Therefore, I am not inclined to grant bail to the petitioners.

Consequently, the criminal petition is dismissed.

Date:31.12.2013Ccm

________________

R.KANTHA RAO,J

HON’BLE SRI JUSTICE R. KANTHA RAO

CRIMINAL PETITION NO.15423 OF 2013

Date:31.12.2013

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