S MURUGAN Vs. STATE OF A P

JUDGEMENT

(1.) The petitioner, who is A-6, filed the present application under Sections 437 and 439 Cr.P.C., to enlarge him on bail in S.C.No.110 of 2016 on the file of the IX Additional District and Sessions Judge, Chittoor, which arose out of Crime No.130 of 2015 of Chittoor I Town Police Station, registered for the offences punishable under Sections 147, 148, 302, 307, 120-B, 109 read with 149 IPC and Sections 212, 216, 201 of IPC and Sections 25(1A), 25(1AAA), 25(1B)(a), Section 25(1B)(c), Section 27(3) & Section 30 of the Arms Act, 1959.

(2.) The case of prosecution is that since last 15 years there has been Arch rivalry between the two groups, one group headed by Ex.MLA - C.K.Babu, and other headed by the deceased Katari Mohan. In order to establish their supremacy in the area both the groups have confronted with each other on several issues. It is to be noted that A-1 herein was a staunch follower of D-3 being none other than his nephew. A reading of the charge-sheet discloses that on 28.12.2005 one C.K.Babu along with his henchmen is alleged to have attacked Deceased No.2-Katari Mohan, with axes etc., which is the subject matter of Crime No.179 of 2005 registered under Section 307 IPC of Chittoor I-Town Police Station. The said case ended in an acquittal on 08.03.2015. In retaliation to the above incident D-2 entered into a criminal conspiracy with A-1 and 13 others to kill C.K.Babu. An attempt was made on 16.05.2006, but it failed. A-1 was arrested in Crime No.14 of 2006 as he master minded the plan. On 09.02.2007 there was an attempt to kill C.K.Babu in his office room, though fired, Sri C.K.Babu escaped narrowly, but it resulted in the death of his gunman by name D.Hussain Basha and one of the employee of Municipality by name Navarasu. The said incident was subject matter of Crime No.15 of 2007 registered for the offences punishable under Sections 147, 148, 302, 307, 120-B read with 149 IPC. After that incident D-2 and A-1 herein went underground. In order to eliminate C.K.Babu they conspired with their followers and hatched a plan to explode a landmine on 31.12.2007, in a drainage channel situated at the entrance of Reddy & Reddy colony in Chittoor town. The said Babu received injuries but one C.Surendra, A.R.P.C. 982 died. This incident is subject matter of Crime No.145 of 2007 registered for the offences punishable under Sections 324, 326, 307, 302 read with 120(B) IPC and Section 3 & 5 of E.S. Act of Chittoor I Town Police Station. In this Case D-2 figured as A-1 and A-1 herein was shown as A-2 therein. The first accused herein was released on bail earlier to D-2 and during his absence the first accused herein was carrying out all the operations which D-2 used to take care of. After the release of D-2 from the Jail in the year 2011, he noticed that the importance of A1 was going down. A-1 who was living in the house of D-2 during his absence came out of the house and started living independently. Thus differences between A-1 and D-2 cropped up. Differences also arose between the two with regard to granite quarrying and also with regard to awarding of contract to A-1 for collection of market fee or cess from vendors in vegetable market. A-1, who took the bid on his benami A-7 for an amount of Rs.40 lakhs but surprisingly for the said current year it was shooted up abnormally to Rs.91,40,000/-. A-1 suspects D-1, who is wife of D- 2, is responsible for the abrupt rise in price thereby causing loss to one Veeresh, who is a close associate and benami of A-1.

(3.) The present petition is filed mainly on four grounds: