Andhra Pradesh High Court - Amravati
Nadipena Manikantha, vs The State Of Andhra Pradesh, on 27 May, 2021
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
THURSDAY , THE TWENTY SEVENTH DAY OF MAY
, TWO THOUSAND AND TWENTY ONE
-- , :PRESENT:
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI /
CRIMINAL PETITION NO: 2885 OF 2021
Between:
1. Nadipena Manikantha, S/o Nadipena Ramana, R/oPedda Street,
Gariki Peta, Garikapeta, Vizianagaram, Andhra Pradesh, 535280.
_ 2. Chintapalli Ramana,, Aged About 30 Years, S/O- Ramulappadu
_ Veedhi, Garikapeta Village, Vizianagaram District. Wigs
3. Bellana Syamalarao, , Aged About 27 Years, S/O- Bellana Narayanappdur RiO-
. 1-63, Kotha Street, Kondagumpamn, Garikapeta, Vizianagaram, Andhra ~
' Pradesh, 535280.
4. Reddy Balagarraju,, Aged About 21 Years, R/o. Kapu Veedhi, Garikapeta ~
Village, Vizianagaram District - 535280. "
Petitioner/Accused Nos.1 to 4
AND
The State of Andhra Pradesh, Represented by S.H.O., Nellimarla P.S., Vizianagaram
District, Rep. Through the Public Prosecutor, State of Andhra Pradesh, High Court of
Andhra Pradesh at Amaravati.
Respendent/Gomplainant.
a
Petition under Section 438 of Cr.P.C, praying that in the circumstances
stated in the memorandum of ground filed in support of the Criminal Petition, the High
Court may be pleased to direct the S.H.O. of Nellimarla Police Station, Vizianagaram
District, Andhra Pradesh to enlarge the Petitioner on bail in the event of their arrest by
the Police in FIR.No.103 of 2021 dated 08.04.2021 for the offences punishable under
Section 324 r/w 34 of Indian Penal Code, 1860, and subsequently amended with the
inclusion of Section 307 of IPC.
The petition coming on for hearing and upon perusing the petition and
memorandum of grounds filed herein and upon hearing the arguments of Sri N.
Ashwani Kumar Advocate for the Petitioner and of Public Prosecutor for the
Respondent, the Court made the following .
ORDERL
a
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION NO.2885 OF 2021
ORDER:- |
This Criminal Petition is filed under Section 438 of the Code
of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest
bail to the petitioners/A-1 to A-4 in the event of their arrest in
connection with Crime No.103 of 2021 of Nellimarla Police Station,
Vizianagaram District, registered for the offence punishable under
Section 324 read with 34 of the Indian Penal Code, 1860 and
subsequently, amended with the inclusion of Section 307 I.P.C.
2. A report was lodged stating that on 8.4.2021, at around
2:10 P.M., when the de facto complainant and one Ramana were
going back after casting their votes in ZPTC/MPTC elections, near
Raja Street Cement Road, the petitioners along with other accused
attacked them with stones, knives, sticks and deadly weapons
causing head injuries to both of them. Basing on the same, the
complaint was registered.
3. Heard Sri N.Ashwani Kumar, learned counsel for the
petitioners, and learned Public Prosecutor for the respondent-
State.
4. Learned counsel for the petitioners submits that only due to
political rivalry, the petitioners are falsely implicated in this case.
He submits that the petitioners approached this Court by filing
Criminal Petition No.2580 of 2021 seeking to quash the
proceedings in F.1.R.No.103 of 2021 and the same was disposed of
on 26.4.2021 with a direction to the Investigating Officer to
conduct investigation in accordance with law and after considering
the application of Section 41-A Cr.P.C. to the petitioners in
accordance with the guidelines of the Hon'ble Supreme Court in
the judgment of Arnesh Kumar vs. State of Bihar!. Though the
copy of the said order was given to the respondent police
authorities on 04.05.2021 itself, the petitioners were threatened
with arrest. He submits that the section of law was altered' to
Section 307 of IPC only with an intention to harass the petitioner
and to give a go-by to the proceedings laid down under Section
41-A Cr.P.C. He submits that though on the alteration memo the
date is shown as 09.04.2021, the initial on the same shows that it
was.or 28.04.2021. 7
5. Learned Public Prosecutor, on the other hand, submits that
when the police have visited the scene of offence, they have filed
the alteration memo but it is dated 09.04.2021.
6. It is narrated in the alteration memo that the injuries
sustained by the de facto complainant are simple in nature and
that they have altered the F.I.R. by including the offence under
Section 307 I.P.C. after visiting the crime scene. This Court is not
able to understand the reason for filing the alteration memo
altering the said offences. Be that as it may, though it is stated in
! (2014) 8 SCC 273 -
To
Bon a
TVR
the complaint that they have received grievous injuries, the
alteration memo shows that the injuries received by the de facto
complainant are simple in nature. Taking all these factors into
consideration, this Court is inclined to grant pre-arrest bail to the
petitioners.
7. Accordingly, this Criminal Petition is allowed. The
petitioners/A-1 to A-4 shall be released on bail in the event of their
arrest in connection with Crime No.103 of 2021 of Nellimarla
Police Station, Vizianagaram District on a condition of executing
self bond for Rs.20,000/- (Rupees twenty thousand only) each
with two sureties for a likesum each to the satisfaction of the
Station House Officer, Nellimarla Police Station, Vizianagaram
District. They shall appear before the Station House Officer once in
a month till charge sheet is filed.
Consequently, miscellaneous applications pending, if any,
shall stand closed.
SD/- B.PRASAD RAO
ASSISTANT REGISTRAR
ITRUE COPY// (en
SECTION OFFICER
F eww EENAATS
The Station House Officer, Nellimerla Police Station, Vizianagaram District .--"
Two CC to Public Prosecutor, High Court of A.P at Amaravati (OUT)
One CC to Sri N Ashwani Kumar, Advocate [OPUC]
One spare copy eS
HIGH-COURT
LKJ
~ DATED:27/05/2021
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-NOTICE BEFORE ADMISSION,
CRLP.No.2885 of 2021
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