THE HONOURABLE JUSTICE G. SRI DEVI
CRIMINAL PETITION No.4923 of 2019
This Criminal Petition, under Section 438 of the Code of
Criminal Procedure, 1973, is filed by petitioner/A6, seeking to grant
anticipatory bail in Crime No.139 of 2019 on the file of Karepally
Police Station, Khammam District, registered for the offences under
Sections 143, Section148, Section307, Section109 read with Section 149 IPC.
2. Heard learned counsel for the petitioner/A6, learned Additional
Public Prosecutor representing the respondent-State and perused
3. It is alleged in the complaint that due to boundary disputes, A1
to A6 hatched a plan to kill the victim, by name, Veeranna, and that
on 12.07.2019 at 6.00 PM., at railway gate, Kareppaly, A1 to A5,
under the supervision and as per the signs of A6, had attacked the
victim with sticks and stones resulting injuries all over his body.
4. Learned counsel for the petitioner/A6 submits that the
petitioner is innocent of the alleged offences as he has been falsely
implicated at the instigation of relatives of his wife due to serious
family disputes between them. He further submits that the petitioner
has filed GOP under Guardian and SectionWards Act, for custody of the
children and obtained orders in his favour, and challenging the
same, his wife preferred C.R.P.No.5419 of 2018 before the
Honourable High Court and the same was disposed of confirming
the orders of the lower Court and therefore, his wife and her relatives
had bore grudge and falsely implicated him in the aforesaid crime.
He further submits that the petitioner has to
look after his children and old aged mother and if he is arrested, they
will be put to hardship. He also submits that the petitioner is ready to
abide by the conditions imposed by this Court.
5. As seen from the contents of the FIR, there are specific
allegations against the petitioner/A6 that on his supervision and as
per his signs, A1 to A5 had attacked the victim with sticks and
stones causing bleeding injuries. Therefore, in view of the nature of
allegations against the petitioner/A6, this Court is not inclined to
grant anticipatory bail to him and his prayer for anticipatory bail is
6. Accordingly, the Criminal Petition is dismissed. However, the
petitoner/A6 is directed to surrender before the trial Court within
10 days from today and move an application for bail, and on filing
such application, the trial Court may consider the same in
accordance with law.
7. Miscellaneous applications, if any pending in this criminal
petition, shall stand closed.
G. SRI DEVI, J
21st August, 2019