MYAKALA DHARMARAJAM Vs. STATE OF TELANGANA

JUDGEMENT

(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.