Jadayappa Udaya Kumar vs The State Of Andhra Pradesh
2022 Latest Caselaw 2522 AP

          HON'BLE SRI JUSTICE SUBBA REDDY SATTI

CRIMINAL PETITION No.2983 OF 2022

ORDER:-

This Criminal Petition under Section 438 of the Code of

Criminal Procedure, 1973 (for short 'Cr.P.C') is filed to enlarge

the petitioner/accused on anticipatory bail in the event of his

arrest in Crime No.5 of 2022 of Nagalapuram Police Station,

Chittoor District, registered for the offences punishable under

Sections 499, 307 read with 511 of the Indian Penal Code, 1860

(for short 'I.P.C').

2. It is the case of the prosecution that the father of the

accused borrowed an amount of Rs.10.00 lakhs from the de

facto complainant and executed promissory notes. The de facto

complainant demanded the father of the accused to repay the

amount and also placed the matter before elders. The father of

the accused declined to repay the amount. Resultantly, civil

suits are filed before the trial Court and the trial Court granted

attachment before judgment. The accused threatened the de

facto complainant on 19.09.2021 by sending messages to take

back the case. While so on 20.09.2021 at about 11.00 a.m.,

when he was at his house, the accused came with bill hook

knife and tried to hack the de facto complainant. D.Rajendra

and Koteswara Rao intervened and rescued the de facto

complainant. The de facto complainant filed a complaint before

the Judicial First Class Magistrate, Sathyavedu under Section

156(3) of Cr.P.C and the same was referred to police which was

registered in the above crime.

3. Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

4. Learned counsel for the petitioner would submit that civil

suits are pending between the accused and the de facto

complainant. The father of the accused filed I.P.No.4 of 2021

against the de facto complainant and two others and the same is

pending. To settle the civil disputes, the present crime was

registered with false averments. Hence, he would pray for grant

of anticipatory bail to the petitioner.

5. Learned Additional Public Prosecutor would submit that

the act of the accused in trying to hack the de facto complainant

would attract Section 307 of IPC and hence, he prays to dismiss

the petition.

6. A perusal of the complaint would indicate that admittedly

there are civil disputes between the complainant and the

accused. The father of the accused also filed Insolvency Petition

against the de facto complainant and two others. Going by the

averments in the complaint and the submissions of learned

counsel for the petitioner, prima facie it would not attract the

offence punishable under Section 307 of IPC and hence, this

Court is of the considered opinion that the petitioner is entitled

for anticipatory bail.

7. Accordingly, the Criminal Petition is allowed. The

petitioner is ordered to be enlarged on bail in the event of his

arrest in Crime No.5 of 2022 of Nagalapuram Police Station,

Chittoor District on execution of self bond for Rs.20,000/-

(Rupees twenty thousand only) with two sureties for a like sum

each to the satisfaction of the Station House Officer,

Nagalapuram Police Station, Chittoor District. The petitioner

shall co-operate with the investigation.

_______________________________ JUSTICE SUBBA REDDY SATTI

Date : 14.06.2022 KA