Maddula Tarun Phani Krishna, vs The State Of Andhra Pradesh
2022 Latest Caselaw 3985 AP

         THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI

              CRIMINAL PETITION No.4632 of 2022

ORDER:

Accused No.2 in Crime No.191 of 2022 of Pattabhipuram

Police Station, Guntur District, filed the above criminal petition

under Section 437 and 439 of Code of Criminal Procedure, 1973

(for short "Cr.P.C") seeking regular bail.

2. Inspector of Police, Pattabhipuram Police Station recorded

the statement of complainant on 01.06.2022 at 10.30 a.m. and

registered the same Crime No.191 of 2022 for the offences

punishable under Section 452, 324, 307, 354D, 506 of IPC. The

remand report of A-1 would disclose that the complainant is

working in BYJUs, where A-1 is her colleague. A-1 proposed his

love to complainant, who informed that she is not interested in him

and that her parents are searching for groom for her. However, A-

1 continued his efforts and stalked the complainant in various

forms. In February, 2020, the complainant got promotion as

Manager and transferred to Vijayawada and she attended training

programme at Hyderabad. A-1 went to Hyderabad for training and

again approached the complainant to accept his love, but she

refused for the same stating that her parents selected groom for

her.

It was further discloses that on 02.05.2022, the complainant

complained at Head Office that A-1 is harassing her. On

04.05.2022 between 2.30 and 3.00 p.m. when the complainant

and LW2 are alone in the flat, A-1 criminal trespassed into the flat

through balcony and due to fear, complainant went into bedroom

and closed the door from inside. Then, LW2 telephoned to LW1 and

on seeing the arrival of LW1, A-1 escaped from the house.

Thereafter, A-1 got the telephone numbers of LWs.1 and 7 and he

used to make calls to them and threatening them to perform

marriage of complainant with him.

It was further discloses that on 30.05.2022 A-1 went to

Tenali and met the petitioner/A-2, who is his friend and informed

about his love. A-2 advised A-1 to keep the complainant under

threat of life and marry her by abducting her, in case she refuses

to marry him. On 31.05.2022 A-1 purchased three surgical blades

and one surgical blade handle from Krishna Medical Stores, Tenali.

A-1 met A-2 and requested him to assist in abducting the

complainant, for which A-2 agreed. On 01.06.2022 at 4.00 a.m. A-

1 picked up A-2 at his house on Enfield of his brother bearing

No.AP07 DC 8358 and at about 5.00 a.m. they reached Guntur

and waylaid near the apartment waiting for LW1 to leave the

house. At about 5.15 a.m. LW1 left the flat for walking. At 5.30

a.m. A-1 criminal trespassed into the complainant's flat and

attacked LW7 with mobile on head and with surgical blade on left

shoulder and above the wrist. Due to fear, LWs.2 and 7 rushed out

from the flat. Then A-1 attempted to kill the complainant with

surgical blade on either side of her neck and also with laptop and

flower vas and with glass over the head. A-1 caught hold of

complainant, pointed the surgical blade on her throat and

proclaimed to kill her, if she is not ready to marry him and he too

will commit suicide. On seeing the public gathered there, A-1 left

the complainant near the main gate and tried to run away, but as

LW3 closed the iron grill, A-1 attempted to commit suicide by

inflicting injury on the throat and tried to escape by jumping from

first floor of building. But the public took A-1 into custody and

handed over to police.

During the course of investigation, petitioner/A-2 was

arrested on 23.06.2022 and remanded to judicial custody.

3. Heard Sri T.Sai Surya, learned counsel for petitioner and

learned Special Assistant Public Prosecutor for respondent-State.

4. Learned counsel for petitioner would submit that petitioner

is implicated in this case only basing on the confession of A-1. He

relied on the judgment of Hon'ble Apex Court in Surinder Kumar

Khanna Vs. Intelligence Officer Directorate of Revenue

Intelligence1 and would submit that confession of a co-accused is

a weak piece of evidence and it cannot be relied upon. He further

submits that petitioner was arrested on 23.06.2022 and since then

he is languishing in jail and material part of the investigation is

completed and he thus, prayed to grant bail to the petitioner.

5. Per contra, learned Special Assistant Public Prosecutor

opposed the application and submits that investigation is still

pending and there is life threat to the family members of

complainant, if the petitioner is enlarged on bail and at this stage,

petitioner is not entitled for bail.

6. A perusal of the remand report would disclose that Section

109 of IPC was added after arresting A-1. Learned counsel for

petitioner contends that only basing on the confession of A-1,

petitioner was arrayed as A-2 and relying on Surinder Kumar

Khanna's case (supra), he contends that confession of a co-

AIR 2018 SC 3574

accused is a weak piece of evidence and without there being any

corroborative material, it has no evidentiary value. However, in the

case on hand, apart from the confession of A-1, in the remand

report of A-2, it was stated that A-2 confessed that he abetted A-1

in the commission of offence. In those circumstances, it is

premature to render any opinion with regard to confession of A-2,

since the petition is filed under Section 437 and 439 of Cr.P.C. In

view of gravity of offence and also threat to the life of family

members of complainant, this Court is not inclined to grant bail to

the petitioner.

7. Accordingly, the criminal petition is dismissed.

As a sequel, all the pending miscellaneous applications shall stand closed.

_________________________ SUBBA REDDY SATTI, J 14th July, 2022

PVD