THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI
CRIMINAL PETITION No.6909 OF 2022
ORDER:
This Criminal Petition is filed under Sections 437 & 439 of Criminal Procedure Code („Cr.P.C.‟ in short), seeking regular bail, by the petitioners/ Accused Nos.1 to 10 in Crime No.165 of 2022 of Puthalapattu Police Station, Chittoor District, registered for the offences punishable under Sections 143, 147, 148, 307, 324, 323 r/w. 149, 120-b of the Indian Penal Code, 1908 („IPC‟ in short) and Sections 3(1)(r),3(1)(s),3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2. The case of the prosecution, in brief, is that on 04.08.2022, when the complainant accompanying MLA in GADAPA GADAPA program, the petitioners/accused formed into unlawful assembly, armed with deadly weapons with criminal conspiracy and attempt to kill the complainant. Further they all abused the complainant by touching his caste name and they all kicked him with legs and beat him with 2 hands. Hence, the above crime was registered against the petitioners.
3. Notice under Section 15 A (3)(5) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was served on the defacto complainant and the same was placed on record.
4. Heard Sri Ginjupalli Subba Rao, learned counsel for the petitioners and learned Special Assistant Public Prosecutor for the respondent-State.
5. Learned counsel for the petitioners, in elaboration to what has been stated in the grounds, contended that due to the political reasons with a malafide intention, the petitioners were falsely implicated in this crime. It is further stated that the petitioner filed Crl.M.P.No.652 of 2022 before the learned Sessions Judge, seeking grant of bail and the same was dismissed by the learned Sessions Judge on 30.08.2022. It is further contended that on a plain reading of the complaint no ingredients attracting Section 307 of IPC against the petitioners are found, the de facto complainant foisted this false case. It is further contended that the provisions of 3 Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been foisted to arm-twist the petitioners and all the petitioners cannot say or utter offending words at some time which falsifies the version of the complainant. In support of his contention, the learned counsel for the petitioner relied on the decision of the Composite High Court of Andhra Pradesh in Gara Yesoby v. State of Andhra Pradesh1. The relevant portion of the said judgment reads as under:
"6. .......
The Charge is bald and does not state who among the 66 persons named as accused uttered the offending words or which of the accused said what words and/or their overt acts. A plain reading of the charge sheet shows that all the accused abused the alleged victims. As rightly contended by the learned counsel it is not possible to believe that all accused, in chorus could have uttered the same words at the same time. So prima facie prosecution for an offence under Section 3(1)(x) of the Act is an abuse of process of law."
It is also contended that the petitioner is languishing in jail for the last 35 days. Hence, prays this Court to consider this application.
1 (2005) 1 ALT (Cri) 213 4
5. On the other hand, the learned Special Assistant Public Prosecutor submitted that even though, substantial investigation is completed, if bail is granted, the petitioners may not co-operate with the investigation. Hence, prayed for dismissal of the Petition.
7. Taking the submissions of the learned counsel for the petitioners and the material available on record into consideration and since the petitioners are languishing in jail for the last 35 days and as substantial investigation is completed and also by taking into consideration the judgment referred supra as it is squarely applicable to the facts of the present case, this Court is inclined to grant bail to the petitioners, however by duly taking the apprehensions of the learned Special Assistant Public Prosecutor into consideration, on the following conditions:
(i) The petitioners shall be released on bail on their executing self bond for Rs.25,000/- (Rupees twenty five thousand only) each with two sureties each for a like sum each to the satisfaction of the learned III Additional Judicial Magistrate of First Class, Chittoor;
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(ii) The petitioners shall appear before the Station House Officer, Puthalapatuu Police Station, Chittoor District, once in a week i.e. on every Sunday between 10.00 a.m. and 12.00 noon, till filing of the charge sheet; and
(iii) The petitioners shall not directly or indirectly contact the de facto complainant or her family members and witnesses under any circumstances in this regard and any such attempt shall be construed as an attempt of influencing the witnesses and shall not tamper the evidence; and
(iv) The petitioners shall not make any attempt to tamper with the prosecution evidence. They shall make themselves available to the investigating officer whenever required by them to facilitate proper investigation in this case.
Further, the petitioner shall scrupulously comply with the above conditions and in case of infraction of the same, the prosecution is at liberty to move appropriate application for cancellation of bail.
It is made clear that this order does not, in any manner, limit or restrict the rights of the Police or the investigating agency from further investigation as per law and the finding in 6 this order be construed as expression of opinion only for the limited purpose of considering bail in the above Criminal Petition and shall not have any bearing in any other proceedings.
Accordingly, the Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed.
________________________ JUSTICE RAVI CHEEMALAPATI 08th September, 2022 AG 7 45 THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI CRIMINAL PETITION No.6909 OF 2022 Date : 08.09.2022 AG