VENKATARAYANAKOTE KRISHNAPPA RAGHVENDRA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THE following question of law referred to for an authoritative pronouncement by the Division bench.

(2.) THE incontrovertible facts that led to reference are that on registering Cr. No. 94 of 2008 on the file of PS T. Sundupalli on 28. 9. 2008 under Section 174 of the Code of criminal Procedure (for short "cr. P. C")altered to Sections 302, 376, 379, 201 IPC and Sections 25 (l) (b) and 27 of Arms Act petitioners/accused 1 and 2 were arrested on 30. 10. 2008 and remanded to judicial custody on 31. 10. 2008. Charge-sheet was filed before the Additional Judicial Magistrate of First Class, Rayachoty on 29. 1. 2009 with a list of witnesses numbering 46 alleged to be enclosing 164 Cr. P. C. statement of P. Sujatha, post-mortem certificate, wound certificate, potency certificates of V. K. Raghavendra-Al and B. M. Nageshbabu-A2, 161 Cr. P. C. statements of Veera raghavulu, Desuri Mallikarjuna and Man maneri Sardamma @ Sarada-L. Ws. 1 to 3. On filing the charge-sheet petitioners filed crl. M. P. No. 317 of 2009 before Additional judicial Magistrate of First Class, Rayachoty under Section 167 (2) Cr. P. C. seeking them release on bail on the ground that on expiry of 90 days remand period they are entitled to enlarge on bail, as the police failed to file report before the expiry of 90 days.

(3.) THE learned Magistrate through impugned order dated 12. 2. 2009 held that charge-sheet was filed though it was named as preliminary charge-sheet, nowhere it was mentioned in the charge-sheet that "the investigation is not yet completed and after completion of full investigation another charge-sheet will be filed". The charge-sheet was filed against the petitioners that they have committed an offence under sections 302, 376, 397 and 201 IPC and sections 25 (l) (b) and 27 of Arms Act, the facts in Julakanti Brahma Reddy v. State of A. P. , 2001 (2) ALD (Crl.) 660 (AP) = 2001 (2) ALT (Crl.) 329 differ with the present crime. Hence the petition filed after filing of the charge-sheet, petitioners are not entitled for bail and dismissed the petition.