HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION Nos.12029 and 12030 of 2010 COMMON ORDER: Since these two Criminal Petitions arise out of Crime No.213 of 2009 on the file of Penuganchiprolu Police Station, Krishna District, they are being disposed of by this common order. 2. Petitioner in Crl.P.No.12029 of 2010 is accused No.6 and petitioners in Crl.P.No.12030 of 2010 are accused Nos.2, 3, 5 and 11, in Crime No.213 of 2009 of Penuganchiprolu Police Station, Krishna District, registered for the offences punishable under Sections 147, 148, 302 and 120-B r/w 149 IPC. They filed the criminal petitions, under Sections 437 and 438 Cr.P.C., seeking bail in the said crime. 3. Briefly, the case of the prosecution is that as the deceased, Ginjupalli Veeraiah, was actively working for the Congress, the people belonging to Telegu Desam party are having grudge against him and there are quarrels in the village, since the last Assembly elections, and thereby A.1 conspired with Telugu Desam Party people in the village to kill the deceased. On 19.10.2009 at 7.20 a.m. when the deceased went to Sivalayam adjacent to National Highway No.9, A.1 to A.7 along with some others entered the temple and then A.1 to A.11 attacked him with hunting sickles, daggers and axes and, due to the severe injuries, the deceased died instantaneously. 4. Heard both sides. 5. The petitioners in both the petitions were arrested on 28.10.2009 and since then they are in prison. The respondent-police filed charge sheet before the competent criminal Court on 20.01.2010 and the same was returned on 26.01.2010. Thereafter, the prosecution filed a Memo before the Court under Section 173(8) Cr.P.C. on 29.01.2010 seeking further investigation. In an earlier occasion, the petitioners in both the petitions approached this Court and filed petitions with a prayer to release them on bail invoking the provisions under Section 167(2) Cr.P.C. on the ground that the prosecution failed to file charge sheet within the stipulated time and the same were dismissed. Subsequently, the petitioners filed petitions in Crl.P.Nos.10419 and 10420 of 2010 seeking bail and the same were also dismissed by this Court on 01.11.2010, giving liberty to renew their request after four weeks or after filing of supplementary charge sheet, whichever is earlier. It is seen from the record that even though one year has elapsed from the date of the petition filed under Section 173(8) Cr.P.C., no supplementary charge sheet is filed till date and the charge sheet filed earlier is also not numbered by the trial Court so far. While pendency of these petitions, some of the co-accused were granted anticipatory bail. 6. The learned Public Prosecutor was directed to verify as to whether further investigation was completed and the likelihood of filing of supplementary charge sheet. He submitted that the investigation is not yet completed. 7. Considering the above said facts and also the date of arrest of the petitioners, this Court is of the view that on stringent conditions the petitioners can be released on bail. 8. Accordingly, both the Criminal Petitions are allowed and the petitioners shall be enlarged on bail on their executing a personal bond for Rs.10,000/- (Rupees Ten thousand only) each with two sureties for the likesum each to the satisfaction of the Judicial Magistrate of First Class, Jaggaiahpet, and on further conditions that they shall stay away at Machilipatnam, Krishna District, until further orders and they shall report before the I Town P.S., Machilipatnam, daily, till completion of trial. _______________ RAJA ELANGO, J 24th January, 2011 cbs HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION Nos.12029 and 12030 of 2010 (Allowed) 24th January, 2011 cbs