Andhra Pradesh High Court - Amravati
Ellandu Srinivasa Rao vs The State Of Andhra Pradesh on 7 January, 2021
Bench: Lalitha Kanneganti
Ds
7
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
THURSDAY, THE SEVENTH DAY OF JANUARY
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION NO: 6214 OF 2020
Between:
Ellandu Srinivasa Rao, S/o Rama Rao, aged 45 years, Flat No.108, Raghava
Towers, Near Heritage Towers, Madinaguda, Serilingampally, Miyapur,
Hyderabad, Telangana.
...Petitioner/Accused No.3
AND
The State of Andhra Pradesh, Rep.by its Public Prosecutor High Court of Andhra
Pradesh At Amaravathi
...Respondent/Complainant
Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in
the memorandum of grounds filed in Criminal Petition, the High Court may be pleased
to enlarge the petitioner on bail, in the event of his arrest in connection with Crime No.
206/2019, dated 20.08.2019 on the file of SHO, Amalapuram Police Station, East
Godavari District.
The petition coming on for hearing, upon perusing the Petition and the |
memorandum of grounds filed in support thereof and upon hearing the arguments of Sri
Kona N.D.V.Ramana Rao, Advocate for the Petitioner and of Public Prosecutor for the
Respondent, the Court made the following.
ORDER:
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION NO.6214 OF 2020
ORDER:-
This petition is filed under Section 438 of the Code of
Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest
bail to the petitioner/A3 in the event of his arrest in connection
with Crime No.206 of 2019 of Amalapuram Town Police Station,
Fast Godavari District registered for the offences punishable under
Sections 420 and 306 read with 34 of the Indian Penal Code,
1860.
2. The case of prosecution is that the defacto complainant who
is younger son of deceased Nos.1 and 2 had lodged a complaint
stating that his father, deceased No.l is running Orthopedic
Hospital in the name and style "Sri Krishna Orthopedic Hospital".
Deceased Nos.2 and 3 are his mother and brother respectively. It
is alleged in the complaint that the defacto complainant learnt that
his father got acquaintance with A2 and A4 who obtained
Rs.30,00,000/- from deceased No.1 and also introduced him to
one Shaik Shavalin under the guise of rice pulling scheme with
assurance that he will get good returns. Inspite of repeated
demands the said persons refused to repay the amounts and
instead abetted deceased No.1 to commit suicide. Hence, the
family members of the defacto complainant committed suicide.
Basing on the said complaint the present crime is registered.
3. Heard Sri Kona N.D.V. Ramana Rao, learned counsel for the
petitioner and the learned Public Prosecutor for the respondent-
State.
4. Learned counsel for the petitioner submits that in the
complaint the name of the petitioner does not find place. Further
basing on the confession made by A4, the petitioner is arrayed as
A3. He further submits that the petitioner was given Rs.4,00,000 /-
admittedly for business and as such the offences as far as the
petitioner is concerned are not attracted. He further submits that
the petitioner is ready to cooperate with the investigation and
regularly appear before the Police. Therefore, his case may be
considered for grant of bail.
5. Learned Public Prosecutor submits that the investigation is
in progress and this second bail application filed by the petitioner
wherein his first bail petition was dismissed by this Court by order
dated 13.12.2019 passed in Criminal Petition No.7060 of 2019
and without change of circumstances the petitioner cannot be
granted bail. In support of his contention he relied upon a decision
reported in State of Maharashtra vs. Captain Budhikota Subba
Rao! wherein it was held that there should be substantial changes
in the circumstances but not merely cosmetic changes of the
Stage. He opposes the bail petition and further submits that
because of the acts committed by the accused three members in a
family committed suicide. As such the petitioner is not entitled for
pre-arrest bail.
6. No doubt this Court has dismissed the bail petition of the
petitioner by order dated 13.12.2019. Now after more than one
year the petitioner has come before this Court by moving second
bail petition. It appears that right from 2019 till now there is no
progress in the investigation_and in these facts of the case the
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prosecution cannot take shelter @n the judgment relied on by the
jearned Public Prosecutor. Further the crime is of the year 2019
and therefore, this Court is inclined to grant pre-arrest bail to the
petition by imposing certain conditions.
7. Accordingly, this Criminal Petition is allowed. The
petitioner/A3 shall be released on bail in the event of his arrest in
connection with Crime No. 206 of 2019 of Amalapuram Police
Station, East Godavari District on condition of executing self bond
for Rs.20,000/- (Rupees twenty thousand only) with two sureties
for a likesum each to the satisfaction of the Station House Officer,
Amalapuram Police Station, East Godavari District. The petitioner
shall co-operate with the investigation and shall appear before the
Station House Officer, Amalapuram Police Station four times ina
week between 10.00 A.M and 2.00 P.M till the charge sheet is filed.
Consequently, miscellaneous applications pending, if any, shall
stand closed.
Sd/-K.JaganMohan~
DEPUTY . REGISTRAR
TRUE COPY!/ SECTION OFFICER
For
The Il Additional District & Sessions Judge, Amalapuram, East Godavari Dsitrict.
The Station House Officer, Amalapuram Police Staion, East Godavari District.
One CC to Sri. Kona N.D.V.Ramana Rao, Advocate [OPUC]
Two CCs to Public Prosecutor, High Court of AP [OUT]
One spare copy.
HIGH COURT
LK,J
DATED:07/01/2021
ORDER
CRLP.No.6214 of 2020
INTERIM DIRECTION
