THAIDULA KISHORE Vs. STATE OF A. P,

JUDGEMENT

(1.) This Criminal Petition is filed by Petitioners/Accused Nos.1, 2 and 4, under Ss. 437 and 439 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') seeking regular bail in Cr.No.221 of 2023 of Piler Urban Police Station, Chittoor District, registered for the offences punishable under Sec. 302, 109, 120B r/w 34 of IPC.

(2.) The Prosecution's case, in brief, is that one Kovuri Sudhakar (hereinafter referred to as 'the deceased') got married to Ashwini about 18 years ago and they blessed with a daughter, K.Nandini (14 years) and son Kethana (9 years) and the deceased went to Kuwait for livelihood. At that time, one Kishore developed an illicit relationship with Aswini, the deceased's wife and she left her children behind and went with Kishore. Later, the Defacto Complainant, the deceased's sister, called Aswini and her husband and interceded in front of the elders, sent Aswini along with the deceased to a rented house next to her house. The deceased owns an Auto and eking his livelihood by using it. The accused (Kishore) grew wild against the deceased and his family members as they separated him from Aswini and warned them that he would eliminate the deceased and get Aswini again to him. On 31/8/2023 at 08.30 AM, the deceased went to drop his daughter at Z.P.Girls High School in his Auto bearing NO.AP03-TG-0319. After dropping, some unknown accused talked with the deceased and asked for hire of the Auto upto bus stand, they boarded the Auto, in the meanwhile, they forcibly injected some unknown poisonous drug into his right and left shoulders, for which the deceased fell from the Auto, which came to know by deceased's daughter (Nandini) and she informed the same to her mother and Defacto Complainant through the phone. The deceased was shifted to Area Hospital, Piler for treatment. The duty doctor after examination declared that the deceased was dead. Further, the Defacto Complainant suspected Kishore, who has extramarital affairs with the deceased's wife or his henchmen might have killed the deceased to remove the obstruction. Based on the Defacto Complainant's report, the case in the above crime was registered and investigated into.

(3.) Learned counsel for the Petitioners/A.1, A.2 and A.4 submits that the Petitioners are innocent and they have been falsely roped in this case; there is no incriminating material to connect the Petitioners with the alleged offences; as per the remand report contents, there are no eyewitnesses to the offence and also there is no intrinsic worth material to say that the 1st Petitioner has got illegal intimacy with Aswini (deceased's wife); remand report does not whisper about the committing of murder by the Petitioners and except confession statement of the Petitioners, there is no iota of material against them to indict them in the present crime; Petitioners filed Crl.M.P.No.150 of 2023 on the file of learned IX Additional Sessions Judge, Chittoor, seeking for bail and the same was dismissed on 29/12/2023; the entire investigation is completed and charge sheet is also filed; Petitioners are ready to furnish suitable securities and they are ready to cooperate with the investigation and trial.