BEFORE THE SPECIAL COURT FOR TRIAL OF CASES UNDER

SCHEDULED CASTES AND SCHEDULED TRIBES [PREVENTION OF

ATROCITIES] ACT, 1989 –cum- VIII ADDITIONAL DISTRICT AND SESSIONS
JUDGE, ANANTHAPURAMU DISTRICT AT ANANTHAPURAMU

Present: SMT T.RAJYA LAKSHMI,

Special Judge,
Special Sessions Court for trial of cases
under SCs & STs (POA) Act -cum-
VIII Addl. District Judge, Ananthapuramu

Friday, the 26th day of August, 2022

CRIMINAL MISCELLANEOUS PETITION No.1053 of 2022

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[in Crime No.78/2022 of SHO of Mudigubba P.S]
Between:-
Megavath Sairam Naik, aged 29 years, S/o Tavar Naik,
Residing at D.No. 5-12,. Garugu Thanda, Mangalamadaka
village, Anantapuramu District.
...Petitioner/Accused.
And
State rep. by S.H.O.,
Mudigubba P.S., …Respondent/Complainant.

This petition is coming on 25.08.2022 for hearing before me in the

presence of Sri B.Vijaya Kumar and Sri B.Srihari, Advocates for the
petitioner/accused and of Spl.Public Prosecutor for the
respondent/complainant, and after hearing both sides, this Court made the
following:-

ORDER
1. This is an application filed u/sec.439 of Cr.P.C to grant bail to the
petitioner/Accused in Cr. No.78/2022 of Mudigubba P.S. under section 324,
307 IPC.

2. Notice of this application has been given to the Spl. Public Prosecutor.

3. Heard the learned counsel for the petitioner and the learned Spl. Public
Prosecutor.

4. Now the point for determination is “Whether the petitioner/Accused is

entitled for bail?

5. Point::-

The case of prosecution in brief is that on 24.6.2022 at 2.00 p.m.,

complainant went to the house of his junior paternal uncle to watch T.V. then
accused who is son-in-law of his junior paternal uncle came and raised issue of
his wife and then the elder daughter of his junior paternal uncle intervened
and asked to secure the wife of accused and on that accused abused and beat
her and then the complainant intervened and on that accused slapped him and
fisted on his chest stating that he is supporting his junior paternal uncle from
inception and on the same day at 4.00 p.m., accused secured complainant to
his house and brought sickle from his house and beat him on his left knee with
reverse portion of sickle and then pushed him down and beat with hands and
legs and he also beat on his head with sickle and caused bleeding injuries and
uttered that he won’t sleep until he kills him. In this connection, on the
complaint given by complainant case has been registered the in the above
crime.

6. The learned counsel for the petitioner/Accused submitted that the

petitioner moved for anticipatory bail but this court dismissed the same on
16.7.2022 vide Crl.M.P. No.901/2022 and so the accused surrendered before the
learned judicial Magistrate of First Class, Kadiri on 02.08.2022 and on such
surrender he was remanded to judicial custody and since then petitioner is in
judicial custody. He further submitted that petitioner is innocent and did not
commit any offence and even as per prosecution version accused beat P.W.1 with
reverse portion of sickle and therefore, Sec.307 IPC does not attract as he has no
intention to kill the complainant. Further injured sustained only contusions not
bleeding injuries and was discharged on the same day itself from the hospital and
material part of investigation is completed long back and therefore, he sought to
release the petitioner on bail.

7. The learned Spl. Public Prosecutor submitted that six witnesses are
examined and investigation is pending for want of wound certificate and
petitioner is involved in eight criminal cases.

8. As a reply to it, the learned counsel for petitioner submitted that in all
those cases, the petitioner was on bail and therefore, sought to grant bail in this
case also.

9. On perusal of record, the incident date is 24.6.2022. Five witnesses are

examined as on 25.6.2022 as per C.D. file. Subsequently, no witnesses are
examined which indicates that there are no other witnesses to be examined and
material part of investigation is completed. So taking into consideration of it and
considering the facts and circumstances of the case and remand period of
petitioner, this court inclines to grant bail to the petitioner however, on conditions
in view of his criminal antecedents.

10. In the result, the petition is allowed and the petitioner/Accused is

ordered to be released on bail on his executing self bond for Rs.20,000/-
each with two sureties for like sum to the satisfaction of Addl. Judl.
Magistrate of First Class, Kadiri for his due appearance before that Court,
further on condition,
 (1) Petitioner/Accused shall appear before SHO, Mudigubba P.S., thrice
in a week i.e., on Monday, Wednesday and Saturday for a period of three
months.

(2) Petitioner/Accused shall not threaten the witnesses or any other

person acquainted with the facts of the case, further he should not indulge in
any criminal activities.
(3) Petitioner/Accused shall not leave India without there being any
permission from this court.
Dictation by the Stenographer Gr.I, transcribed by her, corrected and
pronounced by me in the open Court on this the 26th day of August, 2022.
Sd/- T.Rajya Lakshmi
Special Sessions Judge,
for trial of SCs & STs Cases,
Ananthapuramu.

Copy to :
The Addl.Judl. Magistrate of First Class, Kadiri.
The S.H.O, Mudigubba P.S.