JUDGEMENT
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(1.) The petitioners are A1, A2
and A4 in Crime No.50 of 2004 of P.S.K.V.
Pally in Chittoor District under Section 302
read with Section 34 of the Indian Penal
Code, 1860 (for short 'IPC). As per the
First Information Report given by the father
of one Eswar Naik, the latter was murdered
by Al to A4 as the deceased refused to
allow Renuka (A1) to go to Quwait which
resulted in a quarrel between them. It was
also alleged that after the deceased refused
the request of Al to go to Quwait she
lodged a complaint in K.V. Pally Police
Station and left the matrimonial home and
was living in the house of A2 to A4. There
was a mediation by relatives. As per the
advice of the mediators Eswar Naik agreed
to stay for two days with parents-in-law,
but while the complainant was in his
agricultural fields he came to know that
Eshwar Naik was murdered.
(2.) The complaint was given on
25.10.2004 and the police registered a crime
and took up the investigation. A1 to A4
were arrested on 19.11.2004 and sent to
remand for judicial custody. They moved
the Court of the III Additional Sessions
Judge, Tirupathi by filing Crl.M.P.No.1838
of 2004 for bail. The said Court dismissed
the petition on 27.12.2004 taking a view
that the accusations levelled against A1 to
A4 are well-founded and pending
investigation, they cannot be released on
bail. A1 to A4 thereafter filed Criminal
Petition No.87 of 2005 before this Court on
10.1.2005 for bail. By an order dated
31.1.2005 this Court dismissed the petition
for bail having regard to the nature of
accusations levelled against the petitioners
and also noticing the fact that investigation
is in progress. This Court further gave
liberty to A1 to A4 to renew their request
for bail after completion of investigation and
filing of the charge-sheet.
(3.) The police could not complete the
investigation and file charge-sheet within 90
days. Therefore, A1 to A4 again moved
Crl.M.P.No.279 of 2005 on the file of the
Court of the III Additional Sessions Judge,
Tirupathi for bail. By an order dated
23.2.2005 the learned III Additional Sessions
Judge dismissed the petition again having
regard to the observations made by this
Court that the accused may renew their
request after filing of the charge-sheet.
Aggrieved by the same, A1, A2 and A4
filed the present petition for bail.;
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