Adavala Varalakshmi Varalu vs The State Of Andhra Pradesh
2022 Latest Caselaw 4676 AP

     THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI

               CRIMINAL PETITION No.5051 OF 2022

ORDER:

This Criminal Petition under Section 438 of the Code of Criminal

Procedure, 1973 (for short "Cr.P.C."), is filed by the petitioners/A3 &

A4, seeking to grant pre-arrest bail in Crime No.74 of 2022 of

Dharmavaram Rural Police Station, Sri Satya Sai District, registered for

the offence punishable under Section 307 read with 34 of IPC.

2. The case of the prosecution, in brief, is that on 06.05.2022, at

about 2.00 p.m. while the de facto complainant was proceedings towards

Gangamma temple, A1 to A4 rushed to the scene of offence and picked

up quarrel with the de facto complainant regarding land matter. At that

time A4 loudly shouted that if the de facto complainant is killed, the

accused can enjoy the total land. While A3 and A4 hold the de facto

complainant tightly, A1 attacked on her with knife and when she tried to

escape from their clutches, she received blood injury on her right shoulder

and on her hue and cry the persons who are passing through that way

rescued her and then accused escaped from scene of offence. Hence, the

above crime was registered.

3. Heard Sri Bandi Sri Hari, learned counsel for the petitioners and Sri

Soora Venkata Sainath, learned Special Assistant Public Prosecutor for the

respondent-State.

4. Learned counsel for the petitioners, in elaboration to what has

been stated in the grounds, contended that there are family disputes

between the de facto complainant and the petitioners herein. The de

facto complainant is none other than the daughter-in-law of the 2nd

petitioner and co-sister of the 1st petitioner.

The learned counsel for the petitioners contended that because of

the disputes among the family members, the present case is foisted

against the petitioners.

The 2nd petitioner, who is aged 81 years and the 1st petitioner

being house wife, if arrested, will suffer both mentally and physically and

their reputation will be tarnished in the village.

The learned counsel for the petitioners submitted that the

petitioners herein approached the Sessions Court, twice before filing the

present Petition and has drawn attention of this Court to the orders

passed by the Court below in Criminal M.P.Nos.631 and 849 of 2022,

dated 24.05.2022 and 04.07.2022, respectively. Initially, the bail petition

was dismissed on the ground that weapon used by the accused is not

recovered and investigation is pending and later it was dismissed on the

ground that there are no changed circumstances to consider bail petition.

It is also contended that A1 and A2 were already enlarged on bail

by the Sessions Court in Criminal M.P.No.912 of 2022 vide order dated

19.07.2022, copy of which is placed on record and draw the attention of

this Court to paragraph 8 of the said order and the same reads as under:

"8) As can be seen from the CD particulars and docket proceedings, it is clear that it is the third bail application. This Court dismissed the earlier bail applications filed by the petitioner herein considering the gravity in the offence. The petitioners are in jail since 13.06.2022. As per CD, it is clear that investigation is pending only for arrest of A3 and A4 and to collect RFSL Report. So, therefore, it is the considered opinion of this Court that except arrest of A3 and A4, entire investigation appears to have been completed. Hence, the relief of the petitioners can be considered at this stage in view of completion of major part of the investigation. Accordingly this point is answered."

As per the said order, the learned counsel submits that

investigation is completed except for arrest of A3 and A4 and to collect

RFSL report.

Further, it is stated that the petitioners are ready to comply with

any conditions that may be imposed by this Court, while granting bail.

Hence, he prayed for grant of pre-arrest bail.

5. On the other hand learned Assistant Public Prosecutor opposed the

application on the ground that the petitioners are absconding since the

date of commission of the offence and in the event if bail is granted, they

will not co-operate with the investigation and Police may not be able to

file charge sheet.

It is also contended that the petitioners have committed heinous

offence of murder attempt on the de facto complainant and as such they

are not entitled for grant of pre-arrest bail and in this regard he has

drawn the attention of the Court to INDRESH KUMAR v. STATE OF

U.P.1 In the said decision, the Apex Court held that if the allegations are

grave and punishment is severe, the judiciary must be alert while

enlarging such accused on bail and hence prayed for dismissal of the

Criminal Petition.

6. Perusal of the record shows that substantial part of the

investigation has already been completed, except collecting RFSL Report

and filing of the charge sheet. Further, the 1st petitioner being house wife

and the 2nd petitioner being 81 years old person, this Court feels it

appropriate to consider the Petition. Further, the judgment relied upon by

the learned Special Assistant Public Prosecutor cannot be applied to the

2022 Live Law (SC) 610

facts of the present case, as the incident in the present case occurred due

to disputes between the family members.

In view of the fact that substantial part of the investigation is

completed, this Court feels that it is a fit case to grant pre-arrest bail to

the petitioners. However, by duly taking note of the apprehension of the

learned Special Assistant Public Prosecutor, pre-arrest bail is being

granted to the petitioners, on the following conditions:

(i) The petitioners shall be released on bail in the event of their arrest in Crime No.74 of 2022 of Dharmavaram Rural Police Station, Sri Satya Sai District, on his executing self bond for Rs.25,000/- (Rupees twenty five thousand only) each with two sureties each for a like sum each to the satisfaction of the Station House Officer, Dharmavaram Rural Police Station, Ananthapuramu District; and

(ii) On release, the petitioners shall appear before the Station House Officer, Dharmavaram Rural Police Station, Ananthapuramu District, twice in a week i.e. on every Tuesday and Saturday between 9.00 a.m. and 12.00 noon till filing of the charge sheet;

(iii) The petitioners shall not directly or indirectly contact the de facto complainant or any other witnesses under any circumstances and any such attempt shall be construed as an attempt of influencing the witnesses and shall not tamper the evidence;

(iv) The petitioners shall not threaten the de facto complainant or her family members; and

(iv) The petitioners shall co-operate with the investigation.

Further, the petitioners shall scrupulously comply with the above

conditions and in case of infraction of the same, the prosecution is at

liberty to move appropriate application for cancellation of bail.

Accordingly, the Criminal Petition is allowed.

Miscellaneous applications, pending if any, shall stand closed.

________________________ JUSTICE RAVI CHEEMALAPATI 27th July, 2022 GBS