Andhra Pradesh High Court - Amravati
Duggirala Ramesh Alias Ratnaji vs The Station House Officer on 20 January, 2021
Bench: Lalitha Kanneganti
[3240 ]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATL_-~:===.
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WEDNESDAY, THE TWENTIETH DAY OF JANUARY, #4
TWO THOUSAND AND TWENTY ONE /
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:PRESENT:
CRIMINAL PETITION NO: 6210 OF 2020 Sa
Between:
Duggirala Ramesh @ Ratnaji, S/o Venkatrao, Age 29 years, C/KAMMA, Male, R/o
Pochavaram Village, Tallapudi Mandal, W.G.Dt.
...-Petitioner/Accused A3
AND
The Station House Officer, Kovvur Town P.S., and the State of Andhra Pradesh, (Rep.
by its Public Prosecutor High Court of AP, Amaravathi)
...Respondent
Petition under Section 437 & 439 of Cr.P.C, praying that in the circumstances
stated in the memorandum of grounds of Criminal Petition, the High Court may be
pleased to enlarge him on bail in connection with Cr.No.325 of 2020 of Kovvur (T) P.S,
West Godavari.
The petition coming on for hearing, upon perusing the Petition and the
memorandum of grounds of criminal petition and upon hearing the arguments of Sri
Parimi Rama Rayudu, Advocate for the Petitioner and Public Prosecutor for the
Respondent, the Court made the following.
ORDER:
on
HONOURABLE SMT. JUCTICE LALITHA KANNEGANTI
-~ Criminal Petition No.6210 of 2020
ORDER:
This Criminal 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/A.3 in connection with
Crime No.325 of 2019 of Kovvur (Town) Police Station, West
- Godavari District, registered for the offences punishable under
Sections 302, 201 read with Section 34 of the Indian Penal
Code, 1860 (for brevity "IPC").
2. As per the FIR and the Remand Report, initially, the case
was registered under Section 174 of the Code of Criminal
Procedure (Cr.P.C.) and later the police arrested A.1 and A.2. In
the Remand Report it is stated that the offence took place prior
on 06.12.2019 at about 10.00 A.M. near Railway Track,
Srinivasapuram, Kovvuru Town and Mandal. It is stated that
A.1 and A.2, who are husband and wife, are doing painting
works and in that process they went to the house of deceased
Posamsetti Nagalakshmi, W/o Satyanarayana for doing painting
works and at that time A.1 got acquaintance with the deceased,
but A.2 suspected the relationship of the deceased and A.1. On
27.11.2019 at about 4.00 P.M. the deceased went to the house
of the accused where heated arguments took place between A.1
and the deceased, A.1 slapped her, caught hold of her head and
forcibly hit towards cupboard with an intention to kill her as a
result, died instantaneously and on knowing the same, A.2 and
A.3, who is the son-in-law tosether decided to abandon the dead
ess cay
2 | LK, J
CRLP.No.6210 of 2020
body of the deceased Nagalakshmi at a secret place, took the
dead body in their Santro car towards Awanti-II road and throw
the dead body into bushes by the side of Railway track etc.
Basing on the said allegations, the petitioner is arrayed as A.3
and he was arrested on 28.11.2020 and remanded to judicial
custody.
3. Heard Sri Parimi Rama Rayudu, learned counsel for the
petitioner/A.3 and the learned Additional Public Prosecutor for
the respondent-State.
4. Learned counsel submits that as per the Remand Report,
even assuming that the petitioner has committed the offence
punishable under Section 201IPC, the offence is bailable offence
as per Schedule I of the Code of Criminal Procedure. He submits
that having bail in a bailable offence is an indefeasible right to
the accused person. Learned counsel for the petitioner relied on
a judgment of the Supreme Court in Talab Haji Hussain v.
Madhukar Purshotham Mondkarand in Criminal Appeal No.16
of 1958 and submitted that in bailable offences, bail is a right
and there is no question of discretion of the Court. He further
submits that the court below, without taking all these aspects,
into consideration, has dismissed the bail on the ground that
the investigation is still pending and without completion of
investigation, it cannot be said that whether the petitioner/A.3
played role only for disposing of dead body or he may know
about the disputes in between A.1 and the deceased and that
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3 LK, J
CRLP.No.6210 of 2020
investigating agency, the investigating officer may not be ina
position to say whether the petitioner/A.3 committed an offence
punishable under Section 201 Cr.P.C. accordingly, the
application was dismissed. He further submits that the Court
below has exercised its discretion in the case of bailable offence
and rejected the bail and hence, the petitioner is entitled for
grant of bail.
5. Learned Additional Public Prosecutor submits that the
investigation is still in progress and the police have examined
nine witnesses. He submits that as observed by the Court
below, until and unless the investigation is completed, it cannot
said that whether the petitioner/A.3 is committed an offence
punishable under Section 201 Cr.P.C. and as such, the
petitioner is not entitled for bail.
6. Even as per the Remand Report, it is clearly stated that
the petitioner/A.3, who is son-in-law of A.1 and A.2, helped the
accused for causing disappearance of evidence of offence, except
that nothing was stated in the remand report. After the
investigation, if the police found that the petitioner has
committed under any other provision of the Indian Penal Code,
it is always open for them to arrest the petitioner/A.3. But, as of
now, even as per the investigating agency, the offence alleged to
have been committed by the petitioner/A.3 attracts the
ingredients of Section 201 IPC, which is a bailable offence. In
view of the same, this court deems it appropriate to grant bail to
the petitioner.
To,
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CRLP.No.6210 of 2020
9. Accordingly, this Criminal Petition is allowed. The
petitioners/A.3 shall be enlarged on bail on his executing
personal bond for Rs.20,000/- (Rupees twenty thousand only)
with two sureties for a like sum each to the satisfaction of the Il
Additional Judicial Magistrate of First Class, Kovvur, West
Godavari District.
| Sd/-E.Kameswara Oo
JITRUE COPY! ASSISTANT REG TRAR
SECTION OFFICE
The II Additional Judicial | Class Magistrate, Kovvur.
The Seperintendent, Central Prison, Rajahmundry.
The Station House Officer, Kovvur Town Police Station.
One CC to Sri. Parimi Rama Rayudu. Advocate [OPUC]
Two CCs to Public Prosecutor, High Court of AP [OUT]
One spare copy
HIGH COURT
LKJ
DATED:20/01/2021
ORDER
CRLP.No.6210 of 2020
ALLOWED
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