THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO.4874 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.86 of 2021 of Kuppam Urban Police Station, Chittoor District, for the offences punishable under Sections 302 and 201 of the Indian Penal Code, 1860.

2. A report was lodged by de facto complainant who is mother of deceased wherein it was stated that nine years ago the marriage of the daughter of de facto complainant and the accused was performed and they were blessed with two children. When the accused married another woman, the daughter of de facto complainant asked the accused due to which, he used to harass her. On 23.04.2021 the de facto complainant received a phone call from the accused stating that her daughter's health is not good. When the complainant went there, she found that her daughter died. Basing on the said complaint, the present crime is registered.

3. Heard Sri M.Siva Kumar, learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent-State.

4. Learned counsel for petitioner submits that the petitioner is alleged to have committed the offences punishable under Sections 302 and 201 of IPC. It is submitted that though the de facto complainant has not stated anything against the petitioner, police without conducting proper investigation, falsely implicated the petitioner in this case. He submits that during their wedlock, the

petitioner and the deceased blessed with two children and petitioner has to lookafter the welfare of his two children. Petitioner is languishing in jail from the last 57 days. Learned counsel further submits that investigation is completed and charge sheet is filed. Hence, his case may be considered for grant of bail.

5. Learned Additional Public Prosecutor also does not dispute the fact that entire investigation is completed and charge sheet is also filed. However, he submits that the petitioner has committed heinous offence, hence, he is not entitled for grant of bail.

6. Taking into consideration the fact that entire investigation is completed, charge sheet is filed and further the petitioner has to take care of his two children, this Court deems it appropriate to grant bail to the petitioner.

7. Accordingly, the Criminal Petition is allowed. The petitioner/ Accused shall be enlarged on bail in connection with Crime No.86 of 2021 of Kuppam Urban Police Station, Chittoor District on his executing self bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the Court of Additional Judicial First Class Magistrate, Kuppam, Chittoor District.

Consequently, miscellaneous applications pending, if any, shall stand closed.

___________________________ LALITHA KANNEGANTI, J

Date: 03.09.2021 KA

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

(Allowed)

CRIMINAL PETITION No. 4874 of 2021

Date: 03.09.2021

KA