SAMUDRALA VISHNU Vs. STATE

JUDGEMENT

(1.) THIS Criminal Petition has been filed, under Section 438 Cr. P. C. , seeking anticipatory bail to the petitioner/a1 in Crime No. 69 of 2009 of karimnagar II Town Police Station, registered for the offences punishable under sections 457, 380 read with Section 511 IPC.

(2.) THE brief facts of the case are as follows. The Branch Manager, State Bank of hyderabad, Vavilalapalli Branch, Karimnagar District, lodged a complaint to the sub-Inspector of Police, II Town Police Station, Karimnagar alleging that there was an attempt of theft at their ATM. Basing on the same, the police, II Town police Station, Karimnagar, registered a case in Crime No. 69 of 2009 under sections 457, 380 read with Section 511 IPC. The Police, Hanamkonda, District warangal have registered a case in Crime No. 165 of 2009 under Section 379 IPC on the complaint given by one Mohd. Feroz Jaffer about the theft of UNICORN motor cycle bearing No. AP36-M-4487 on 10. 04. 2009. During the course of conducting vehicle check on 13. 04. 2009, the petitioner herein and another person, namely Kandi Sada Shiva Reddy, who are shown as A1 and A2 in Crime No. 165 of 2009 of P. S. Hanamkonda were arrested. The further case of the prosecution is that A1 and A2 in that case voluntarily made confessional statements stating that they committed the offences in Crime No. 69 of 2009 of karimnagar II Town Police Station for the offences under Sections 457, 380 read with Section 511 IPC, in Crime no. 165 of 2009 of Hanamkonda PS for the offence under Section 379 IPC, in Crime no. 168 of 2009 of Subedari P. S. , for the offence under Section 379 IPC and in crime No. 106 of 2009 of Matwada P. S. , for the offence under Section 379 IPC. The petitioner i. e. , A1 in this case and one Md. Omer, K. Ganesh Reddy are the accused in Crime no. 69 of 2009 of Karimnagar II Town Police Station. K. Sada Shiva Reddy (A2) in crime No. 165 of 2009 of Hanamkonda PS and Md. Omer are the accused in Crime No. 168 of 2009 of Subedari Police Station. K. Sada Shiva Reddy (A2) and one G. Suresh are the accused in Crime No. 106 of 2009 of Matwada Police Station for the offence under Section 379 IPC. After recording the confessional statements of A1 and A2 the stolen property in Crime no. 165 of 2009 i. e. , Honda Unicorn motor cycle was recovered from their possession at the instance of A1 (Samudrala Vishnu ). The stolen property in other cases was also recovered under a cover of seizure panchanama. K. Sada shiva Reddy, A2 in Crime No. 165 of 2009 is alleged to have produced the stolen motor cycle pertaining to Crime No. 106 of 2009 of Matwada Police Station and the other accused are alleged to have produced the stolen motor cycles pertaining to other cases. The said motor cycles were seized under a cover of separate seizure panchanamas. Then A1 (Samudrala Vishnu) and A2 (Kandi Sada shiva Reddy) were remanded to judicial custody in Crime No. 165 of 2009 of P. S. Hanamkonda. The arrest of the other accused persons also affected with regard to cases of CCS, Warangal.

(3.) THE petitioner herein, who is A1 in Crime No. 69 of 2009 of Karimnagar II town Police Station, sought anticipatory bail by filing Crl. M. P. No. 551 of 2009 before the V Additional Sessions Judge, Karimnagar, but the same was dismissed by order dated 02. 05. 2009.