Andhra Pradesh High Court - Amravati
Sajja Raghava Krishna vs The State Of Andhra Pradesh on 19 January, 2021
Bench: Lalitha Kanneganti
TUESDAY, THE NINETEENTH DAY OF JANUARY,
TWO THOUSAND AND TWENTY ONE
:PRESENT:
CRIMINAL PETITION NO: 89 OF 2021
Between:
Sajja Raghava Krishna, S/o. S.Venkateswara Rao, Aged 38 years, Occ: Cultivation,
R/o. D.No.1-32, Honnur Camp Village and Post, Holagunda Mandal, Alur Taluk, Kurnool
District.
...Petitioner/
Accused
AND
The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra
Pradesh at Amaravati.
...Respondent
Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in
the memorandum of grounds of Criminal Petition, the High Court may be pleased to
grant Anticipatory Bail to the petitioner by directing the police to release him on bail in
the event of his arrest in connection with Crime No. 377 of 2020 of Holagunda Police
Station, Kurnool District in the interests of justice.
The petition coming on for hearing, upon perusing the Petition and the
memorandum of grounds of criminal petition and upon hearing the arguments of M/s
Nimmagadda Revathi, Advocate for the Petitioner and Public Prosecutor for the
Respondent, the Court made the following.
ORDER:
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION NO. 89 OF 2021
ORDER:-
This petition is filed under Section 438 of the Code of
Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest
bail to the petitioner/ accused in the event of his arrest in
connection with Crime No.377 of 2020 of Holagunda Police
Station, Kurnool District registered for the offences punishable
under Sections 448, 354 and 506 of the Indian Penal Code, 1860.
2. The case of prosecution is that a complaint was lodged on
14.12.2020 stating that the complainant has two children and
they possess agricultural land to an extent of Ac.20-00 cents. It is
stated that there is road in survey No.24-C to reach their land. The
complainant's husband dug a water canal to the road side and
came to house at 8:00 hours. At 10:30 P.M. the complainant's
brother-in-law's son i.e. the petitioner herein came to their house
and questioned them about the canal which is dug by saying that
they have no road and quarreled with them regarding the passage
dispute. When the complainant tried to pacify the matter, the
petitioner pulled her blouse and threatened the complainant and
her husband with dire consequences. Basing on the said
complaint the present crime is registered.
3. Heard Smt. Nimmagadda Revathi, learned counsel for the
petitioner and the learned Public Prosecutor for the respondent-
State.
4. Learned counsel for the petitioner submits that it is purely a
civil dispute and only to harass the petitioner criminal law is set
into motion. Learned counsel further submits that earlier the
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petitioner filed O.S.No.33 of 2013 on the file of the Junior Civil
Judge, Alur seeking permanent injunction against the
complainant, her husband and another person and that suit was
decreed with costs vide judgment dated 19.02.2019. After disposal
of the said suit now the complainant has come up with this
complaint.
5. Learned Public Prosecutor submits that specific overt acts
are made against the petitioner in the complaint. As such he is not
entitled for pre-arrest bail.
6. Having perused the material on record, the judgment and
decree dated 19.02.2019 passed in O.S.No.33 of 2013 this Court is
prima facie of the view that the dispute between the parties is
purely of civil nature and hence this Court is inclined to grant pre-
arrest bail to the petitioner.
7. Accordingly, this Criminal Petition is allowed. The
petitioner/accused shall be released on bail in the event of his
arrest in connection with Crime No. 377 of 2020 of Holagunda
Police Station, Kurnool District on condition of executing self bond
for Rs.20,000/- (Rupees twenty thousand only) with two sureties
for a likesum each to the satisfaction of the Station House Officer,
Holagunda Police Station, Kurnool District.
Consequently, miscellaneous applications pending, if any, shall
stand closed.
SD/- K.Tata
IfTTRUE COPYI//
For ASSISTANT REGISTRAR
The Junior Civil Judge, Alur
The Station House Officer, Holagunda Police Station, Kurnool District.
One CC to M/s. Nimmagadda Revathi, Advocate [OPUC]
Two CCs to Public Prosecutor, High Court of AP [OUT]
One spare copy
ASSISTANT REGISTRAR
HIGH COURT
LKJ
DATED:19/01/2021
ORDER
CRLP.No.89 of 2021
ALLOWED
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