1
VJP, J
Crl.P.No.7991 of 2023
HON'BLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Crl.P.No.7991 of 2023
ORDER:
This application is moved by petitioners / Accused Nos.3 to 8 under Section 438 of Criminal Procedure Code, 1973 (In short, Cr.P.C) seeking anticipatory bail in Crime No.385 of 2023 of Jaggaiahpet Police Station, NTR District for the offences punishable under Sections 143, 188, 353, 307 r/w 149 of the Indian Penal Code, 1860 (in short, I.P.C).
2. The case of the prosecution in nutshell: On 09.10.2023 at 16.20 hours in Cheruvu Bazar, Jaggaiahpet when the complainant proceeded to scene of offence for giving instructions in view of procession of lord Ganesh idol, when the complainant is talking with the committee members, A-1 who armed with stone, beat the complainant on the back side of head causing severe bleeding injury and attempted to murder the complainant, and the remaining accused beat him with hands and kicked with legs, shouting to die and all the accused assaulted a public servant while discharging his lawful duties with common duties. Basing 2 VJP, J Crl.P.No.7991 of 2023 on the report of complainant, a case has been registered against the accused under Sections 143, 188, 353, 307 r/w. 149 of IPC.
3. Learned counsel for the petitioners would submit that even if the Court believes the prosecution story by looking into the First Information Report there are no allegations to attract the offence punishable under Section 307 of I.P.C. No specific overt acts attributed against the present petitioners except the sweeping allegation that the victim was beaten by all the accused with a stone. The record shows that it is a single blow on the back of the head of the victim, who is Sub-Inspector. The petitioners are not extremists. The incident alleged to have happened in the public place while the people were attending "Ganesh Nimajjan". Only to defeat the object of the judgment of the Apex Court in Arnesh Kumar v. State of Bihar1, Section 307 of I.P.C is added to avoid issuance of notice under Section
41.A of Cr.P.C. Petitioners are law abiding citizens and they are ready to furnish sureties to the satisfaction of the Court. The question of tampering witnesses does not arise because the victim is a Police Officer and witnesses are Department people. 1 (2014) 8 SCC 273 3 VJP, J Crl.P.No.7991 of 2023
4. Per contra, learned Public Prosecutor would submit that the Police are being beaten in public place. Investigation is in progress. There are no grounds to enlarge the petitioners on anticipatory bail.
5. Having heard the submissions of learned counsel representing both sides and on perusal of the material on record, this Court is inclined to grant anticipatory bail to the petitioners for the reason that no specific overt acts attributed against the petitioners even in the complaint itself. Incident occurred at the spur of the movement. The record further shows the Sub-Inspector, who is a victim, has gone to hospital and after coming back, he has presented a written report which is registered as Crime No.385 of 2023. As there is no occasion for the petitioners to tamper the evidence and hamper the investigation, it is a fit case to grant anticipatory bail on the following conditions.
a) The petitioners/Accused Nos.3 to 8 shall surrender before the I Additional Junior Civil Judge-cum-I Additional Judicial Magistrate, Jaggaiahpet within a period of one week from this day and furnish personal bond for Rs.20,000/- (Rupees 4 VJP, J Crl.P.No.7991 of 2023 twenty thousand only) each with two sureties for the likesum each to the satisfaction of the I Additional Junior Civil Judge-cum-I Additional Judicial Magistrate, Jaggaiahpet.
b) The petitioners shall appear before the Station House Officer, Jaggaiahpet Police Station, once in a week i.e. on every Saturday between 10.00 AM and 5.00 PM till filing of charge sheet.
With the above conditions, the Criminal Petition is considered.
______________________________ VENKATA JYOTHIRMAI PRATAPA Date: 27.10.2023.
Note:
Furnish copy today KA/KGR 5 VJP, J Crl.P.No.7991 of 2023 HON'BLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.7991 of 2023 Dt.27.10.2023 KA/KGR