Somarouthu Venkata Nageswara Rao ... vs The State Of Andhra Pradesh
2021 Latest Caselaw 2986 AP

       THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

               CRIMINAL PETITION NO.4375 of 2021

ORDER:-

      This petition is filed under Sections 437 and 439 of Code of the

Criminal     Procedure,       1973   (for    short    'Cr.P.C.')   seeking

regular bail to the petitioner/Accused in connection with Crime

No.110 of 2014 of Ghantasala Police Station, for the offence

punishable under Section 302 of IPC.

2.    The case of prosecution is that the petitioner is arrayed as

accused in S.C.No.312 of 2014. On 22.06.2014 at about 2.00 PM,

the accused murdered the deceased in a cruel manner and escaped

from the scene of offence. On the same day at 15.30 hours basing on

the complaint given by wife of the deceased, the present crime was

registered and on 26.06.2014, the police arrested the petitioner and

sent him to judicial custody.


3.    Heard Sri Kolusu Ravikiran Kumar, learned counsel for the

petitioner   and    learned    Assistant    Public   Prosecutor    for   the

respondent-State.

4. Learned counsel for petitioner submits that the petitioner is in

jail from 26.06.2014 i.e. from the last seven years. Hence, his case

may be considered.

5. Learned Assistant Public Prosecutor on the other hand

submits that the petitioner is accused in Crime No.44 of 2011 for the

offence under Section 302 IPC and in the said case by judgment

dated 08.06.2015 petitioner was convicted with life imprisonment.

During pendency of that case, when he was on bail, he committed

the present offence under Section 302 of IPC. He further submits

that now, the trial is at the fag end, as such, the petitioner is not

entitled for grant of bail.

6. In view of the above circumstances and as the accused was

involved in similar offences, if he is enlarged on bail, it is very

difficult for the prosecution to complete the trial. Further, taking into

consideration the fact that petitioner is already convicted for the

offence punishable under Section 302 IPC and this offence has been

committed when he was on bail in the earlier case and as the trial is

at the fag end, this Court is not inclined to grant bail to the

petitioner at this stage.

7. Accordingly, this Criminal petition is dismissed.

Consequently, miscellaneous applications pending, if any, shall

stand closed.

___________________________ LALITHA KANNEGANTI, J

Date: 11.08.2021 KA

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

(Dismissed)

CRIMINAL PETITION No. 4375 of 2021

Date: 11.08.2021

KA