Conditional Bail May Be Granted For Non-Bailable Offences U/S 439 CrPC If Considerable Progress In Investigation: Andhra Pradesh High Court

The criminal petition was filed under Section 439 of the Code of Criminal Procedure to enlarge the petitioners/accused on bail. The petitioners were accused in a case under Sections 324 (punishment for voluntarily causing hurt by dangerous weapons), 307 (punishment for attempt to murder), 506 (punishment for criminal intimidation) read with Section 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code.

It was the case of prosecution that one day, the defacto complainant was going towards bus stop on his bike that he dashed against the bike of the petitioners. There was some altercation between them in this regard. Thereafter, the petitioners who were the accused went to the house of the defacto complainant, armed with iron rods and attacked him and attempted to kill him. Therefore, the petitioners were alleged to have committed the aforesaid offences.

The court observed from the record that the petitioners were arrested on 36.03.2022 in connection with the above crime and since then they were in judicial custody. The injured in the case was also discharged from the hospital. The record also revealed that nine material witnesses had been examined in the case. Therefore, there was considerable progress in the investigation. Therefore, the Court was of considered view that the petitioners were entitled to be enlarged on bail on certain conditions.

The Criminal petition was allowed and bail was granted with a condition of execution of surety and that the petitioner would have to report before concerned Station House Officer daily till the entire investigation was completed and charge sheet was filed in the case.

Case Title: Mara Manohar Versus The State of Andhra Pradesh

Citation: 2022 LiveLaw (AP) 70