JUDGEMENT
L.NAGESWARA RAO,J. -
(1.) Respondent No.2 in the above Appeals lodged a complaint which was registered under Sections 148, 120 B,
302 read with Section 149 of the Indian Penal Code, 1860 (IPC) at Karimnagar Rural Police Station vide FIR No.155
dated 19.04.2019. It was alleged in the complaint that the
husband of Respondent No.2, Bojja Thirupathi was the
Chairman of the Fishermen Co-operative Society of
Chamanapalli village, Karimnagar District. Members of the
Society alone were permitted to carry out fishing activities
in the tanks in Rajasamudram and Appanapalli villages.
The membership of the Appellants in the Fishermen Co-
operative Society was cancelled due to which they were
not permitted to carry out fishing activities. Three years
before the complaint the husband of Respondent No.2 was
attacked by the Appellants at the village Panchayat office
and a criminal case was registered against the Appellants,
which was pending. On 19.04.2019, the husband of
Respondent No.2 went to Chamanapalli village to inspect
the tank. At about 5.00 pm, the Appellants attacked the
husband of Respondent No.2 with stones and he
succumbed to the injuries.
(2.) The Appellants moved applications for bail before the Principal Sessions Judge, Karimnagar who summoned the
case diary, statements of the witnesses and other
connected records. The Principal Sessions Judge released
the Appellants on bail by imposing conditions that the
Appellants shall appear before the Karimnagar Rural Police
Station on every alternative day between 10.00 am to
05.00 pm and shall not leave the territorial jurisdiction of the First Additional Judicial Magistrate, First Class,
Karimnagar. Another condition was imposed that the
Appellants shall not influence or tamper with the evidence.
(3.) Respondent No.2 filed a petition for cancellation of bail under Section 439(2) Cr. P.C. before the High Court for
the State of Telangana. On 10.07.2019, a charge sheet
was filed against the Appellants. According to the charge
sheet, all the accused gathered and planned to kill Bojja
Thirupathi on 19.04.2019. They formed into two groups.
The first group, consisting of A5, A7 to A11 and A15,
attacked the deceased and remaining persons were
standing guard near the tank. Even according to the
charge sheet, there is no overt act alleged against any of
the accused, except A6 who is alleged to have
strangulated the deceased with a towel.;
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