IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

FRIDAY, THE THIRD DAY OF SEPTEMBER, TWO THOUSAND AND TWENTY ONE : PRESENT:

THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI

CRL.P.No. 4874 of 2021

Between :-

$\tilde{\mathcal{L}}$

Shanawaz Imran ,S/o. Mohammed Noorullah.

.....Petitioner/Accused

AND

State of Andhra Pradesh, Represented by its Public Prosecutor, High Court of Andhra Pradesh, at Amaravati.

.....Respondent.

Petition filed under Sections 437 and 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 the petitioner on Bail in Crime No. 86 of 2021 u/s. 174 of Cr. P.c. altered to 302, 201 IPC, dt.23.4.2021 of Kuppam Urban Police Station, Chittoor District in the interest of justice.

The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri M. Siva Kumar, Advocate for the Petitioner and of the Addl. Public Prosecutor on behalf of respondent/State, the Court made the following 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 she found that her daughter died. Basing on the said there, 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<br>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.

allowed. The petitioner/ Accordingly, the Criminal Petition is $7.$ Accused shall be enlarged on bail in connection with Crime No.86 of Kuppam Urban Police Station, Chittoor District on his 2021 of 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 Additional Judicial First Class Magistrate, Kuppam, Chittoor $of$ District.

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

Sd/-K.TataRao ASSISTANT REGISTRAR SECTION OFFICER

//TRUE COPY//

for ASSISTANT REGISTRAR

To

1. The VI Additional District & Sessions Judge, Chittoor.

2. The Additional Judicial First Class Magistrate, Kuppam, Chittoor District.

3. The Station House Officer, Kuppam Urban Police Station, Chittoor District.

4. The Superintendent, Sub-Jail, Madanapalle, Chittoor Distrcit.

5.Two CCs to the Public Prosecutor, High Court of A.P., at Amaravati(OUT)

6.One CC to Sri M. Siva Kumar, Advocate(OPUC)

7. One spare copy.

TKK

HIGH COURT

LK.J

DT.03-09-2021.

BAIL ORDER

CRL.P.No. 4874 of 2021

ALLOWED