Uttapalla Venkaiah vs The State Of Andhra Pradesh
2023 Latest Caselaw 5193 AP

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                                                                 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

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.

(2014) 8 SCC 273

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

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

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