Talari Rama Krishna vs. The State

THE HON'BLE SRI JUSTICE K. SURESH REDDY CRIMINAL PETITION No. 6078 OF 2023

ORDER:

Accused No.4 in Crime No.59 of 2023 on the file of Veldurthy Police Station, Palnadu District filed the present application under Section 438 of the Criminal Procedure Code, 1973, seeking anticipatory bail.

2. A case has been registered against the petitioner herein and others for the offence punishable under Section 307, 427 120B read with 34 IPC.

3. Brief facts of the case are that on 09.07.2023 at about 09.00 a.m., when the de-facto complainant went to his nursery i.e., Sri Balaji Nursery, and switched on water motor and took water in a pot for drinking, he found some bad smell is emanating from the water. On that, he did not drink and kept aside. Later, when he watered the chilli plants, he found that they got withered. The de-facto complainant having suspected that the accused intentionally mixed grass poison in the water with an intent to kill him and also cause financial loss, he lodged a present complaint.

4. The learned counsel for the petitioner submits that the alleged incident is said to have taken place on the intervening night of 08/09-07-2023, but the complaint has been given on 14.07.2023 at 06.00 p.m. There is a delay in lodging complaint.

5. The learned Special Assistant Public Prosecutor submits that LW2 is the eye witness to the incident. He is aware of the fact that the accused are the persons who got down from the car and he heard voice of A1 that he instigated the other accused to mix poison so that the entire crop of the de-facto complaint would got destroyed.

6. Heard. Perused the record.

7. It is alleged in the complaint that on the intervening night of 08/09-07-2023, the de-fact complaint found bad smell is coming from drinking water and he did not drink. Later, he went to nursery for watering chilli plants and on the same day, at about 05.00 p.m., chilli plants were totally damaged. On 10.07.2023 at about 6.30 a.m., on coming to know about the same, he went to his nursery and found the chilli plants were completely withered and the neighbouring chilli plants were fine. In connection with that, the

complainant suspected the petitioner and others that they had intentionally mixed poison in the water valve to cause loss to the de-facto complainant. Upon that, Police have conducted investigation and during the course of investigation, LWs 1 and 2 were examined. It is categorically stated in the remand report of A2 and A3 that LW 2 is alleged to have stated that on the intervening night of 08/09-07- 2022, all the accused went to the fields of the de-facto complainant and got down from the car and LW2 is alleged to have heard the voice of A-4 stating that the entire crop of LW1 should be destroyed. Having Known pretty well that it is for the accused, who caused the incident, why the complaint was not given at the relevant point of time. Furthermore, there is no explanation on the part of the prosecution with regard to the delay in filling the complaint after lapse of 7 days. The entire case rests on the confessional statement of co-accused, who stated that they acted at the instance of A-4. Except the said confessional statement, there is absolutely no other material to connect the petitioner to the crime. Even according to the defence, the learned counsel for the petitioner states that there are disputes between the de-facto

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complainant and petitioner and for the last two years, no incident took place between them.

8. In the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner/A-4 with certain conditions.

9. Accordingly, in the event of his arrest, petitioner/A-4 shall be released on bail on his executing a personal bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties each for the like sum each to the satisfaction of the arresting police officials. The petitioner shall make himself available for investigation as and when required and that he shall not cause any threat, inducement or promise to the prosecution witnesses. The petitioner shall appear before the Station House Officer, once in a week i.e., on every Friday, between 10.00 a.m., and 01.00 p.m., till filing of the charge sheet.

10. Accordingly, the criminal petition is allowed.

___________________________ SRI K.SURESH REDDY, J

Date: 24.08.2023 RSI

THE HON'BLE SRI JUSTICE K. SURESH REDDY

CRIMINAL PETITION No. 6078 of 2023

Date: 24.08.2023. RSI