SK. AKTHAR ROSHAN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Accused No. 1 in Crime No. 48 of 2021 of Kothapeta Police Station, East Godavari District, filed the above criminal petition under Sec. 438 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking pre-arrest bail.

(2.) The case of the prosecution is that initially a report given by Mohammed Khasim Saheb, resident of Kothapeta village, East Godavari District, stating that his son Mohammed Abdul Khadar, who was working as opting driver, left his house on 24/1/2021 at about 6.00 a.m. on his Hero Honda CBZ Xtream motorcycle bearing No. AP05 BE 8807 and did not return to home. Basing on the said report, police registered the above crime under the Head "Man Missing". In the said report, it was stated that about two years back, he brought one marriage alliance to his son with the petitioner herein, who is resident of Nandigama, Krishna District, but the parents of petitioner did not agree for the same. Later, he came to know that his son and the petitioner used to talk over phone and his son also used to meet the petitioner secretly. On 24/1/2021, he came to know that his son went to meet the petitioner, but when he enquired the petitioner, her father and uncle, they stated that they are not connected with the missing of his son.

(3.) Counter affidavit is filed on behalf of the respondent-State stating that petitioner along with her associates A-2 and A-3 conspired together and executed the murder of deceased and subsequently disposed of the dead body without leaving trace of it. On careful analysis of call data (CDRs) among A-1 to A-3, tower locations of A-1 to A-3 and deceased, especially the conversation of A-1 with deceased luring him to come to Guntur, pointed out towards the guilt of A-1 to A-3. The voice test for conversations of A-1 with deceased had to be sent to FSL after taking sample voice of A-1, for which, the presence of petitioner is required. Moreover, the dead body is not yet recovered, and investigation is still pending and at this stage, petitioner is not entitled for pre-arrest bail. It is further stated that subsequent to filing of the writ petition by the petitioner herein, this Court on 21/9/2021 called for a report from the Additional Director General of Police, who submitted the report on 23/9/2021 and thereafter in view of irregularities found in conducting investigation, the Sub Inspector of Police was suspended. It is further stated that taking advantage of the same, A-2 and A-3 are not cooperating with the investigation. Finally, it is stated that material recovered from A-2 and A-3, prima facie shows the role and complexity of petitioner in the commission of offence and prayed to dismiss the petition.