Andhra Pradesh High Court - Amravati
Deepak Kumar Tala vs The State Of Andhra Pradesh on 18 November, 2024
APHC010477472024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3396]
(Special Original Jurisdiction)
MONDAY, THE EIGHTEENTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL APPEAL NO: 675/2024
Between:
DEEPAK KUMAR TALA, S/O. NAGABHUSHAN TALA, AGED ABOUT 51
YEARS, R/O. 405, MAY FLOWER CLASSIC, NANJA REDDY COLONY,
JEEVAN BIMA NAGAR MAIN MURUGESHPALYA, BANGALORE NORTH,
VIMANPU ROAD, , BENGALURU.
...APELLANT
AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC
PROSECUTOR, HIGH COURT OF ANDHRA PRADESH
2. N GOVINDAIAH, S/O. N. GURAVAIAH, AGED ABOUT 59 YEARS, R/O.
G.D NELLORE CHITTOOR DISTRICT.
3. N RAMACHANDRAN, S/O. N. GURAVAIAH, VEERAKANELLORE POST,
GD NELLORE POST, CHITTOR DISTRICT
...RESPODENT(S):
Counsel for the Appellant:
1. AISHWARYA NAGULA
Counsel for the Respondent(S):
1. PUBLIC PROSECUTOR
2. V R MAHESWARA RAO PALETI
The Court made the following:
JUDGMENT :
The present criminal appeal has been filed by the Appellant/Accused
No.1 seeking to set aside the Order dated 24.08.2024 passed in
Crl.M.P.No.1738 of 2024 in Crime No.69 of 2024 on the file of the Court of
I Additional District & Sessions Judge, Chittoor and to release him on bail.
2. Case of the prosecution, in brief, is that, one N.Ramachandran, who is
the brother of Respondent No.2/De facto complainant is a soothsayer and
about 10 years ago, the Petitioner/Accused No.1 approached said
Ramachandran with a proposal to develop the temple for which he accepted
and accordingly, the Petitioner started a Trust and developed the temple,
but did not join said Ramachandran as a Member in the Trust. As such,
there arose disputes between them and in connection with the same, the
Petitioner alleged to have threatened said N.Ramachandran to do away with
his life by touching his caste. That being so, on 24.07.2024 at about 2.00
p.m., four unknown persons came in a White car bearing No.TN 19 AZ 5951
and took Ramachandran into their custody on the pretext that they are
Katpadi Police, detailed him at different places and forced him to register the
temple property in the name of the Petitioner/Accused No.1. In the
meanwhile, the Police rescued Ramachandran and recorded his statement
and based on the said statement, the Police registered a case against the
Appellant herein in Cr.No.69 of 2024 of GD Nellore Urban Police Station,
Chittoor District for the offence punishable under Sections 364 read with
511, 307, 343, 419, 506, 120-B read with 34 IPC and Section 3(1) (r) (s) and
3(2) (va) of Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act.
3. Heard Ms.Aishwarya Nagula, learned counsel for the Appellant/Accused
No.1 and learned Assistant Public Prosecutor, representing the
State/Respondent.
4. Learned counsel for the Appellant/Accused No.1 would submit that the
Petitioner is innocent of the offence alleged against him and the Petitioner
was falsely implicated in the present case. Learned counsel would further
submit that, the Appellant was the Founder and President of the Trust and
Respondent No.2 along with his brother were appointed as Trustees and
subsequently, due to misconduct of Respondent No.2 and his brother, they
were removed from their positions. As such, having borne grudge against
the Appellant, he was falsely implicated in the present crime. Learned
counsel would further submit that, there are civil disputes pending between
the Appellant on one hand and Respondent No.2 and his brother on the
other hand and as a counterblast to the said civil cases, the present
compliant has been lodged against the Appellant with false allegations. No
prima facie case is made out against the Appellant, hence, prayed to grant
anticipatory bail to the Appellant.
5. Learned Assistant Public Prosecutor would submit that Police arrested
some of the Accused at the scene of offence itself. It is further submitted
that Section 14-A of SCST Act, is victim centric and, for granting anticipatory
bail, this Court cannot go into the merits of the case. There are specific
allegations against the Appellant, hence, prayed for dismissal of the petition.
6. Perusal of the material on record would disclose that, initially the crime
was registered under the head "Man Missing" and subsequently, based on
the statement given by the victim, the Section of Law was altered to
Sections 364 read with 511, 307, 343, 419, 506, 120-B read with 34 IPC and
Section 3(1) (r) (s) and 3(2) (va) of SCST Act. The anticipatory bail
application filed before the trial Court has been dismissed vide Order dated
24.08.2024 in Crl.M.P.No.1738 of 2024 on the ground that there is prima
facie case against the Appellant herein and there are chances to threaten
the material witnesses. Accused No.2 in the present crime has filed
Crl.P.No.6487 of 2024 under Section 438 Cr.P.C seeking anticipatory bail
before a Coordinate Bench of this Court and the same was dismissed vide
Order dated 22.10.2024 by giving liberty to Accused No.2 to pursue
remedies in accordance with law.
7. As far as the Appellant herein is concerned, as rightly opined by the
learned trial Judge, there are prima facie allegations against the Appellant
for the commission of the alleged offence. In view of the facts and
circumstances stated in the statement of the victim, gravity of the offence
alleged against the Appellant, and in view of the civil disputes between the
parties, this Court is of the view that, in the event of granting anticipatory bail
to the Appellant/Accused No.1, there is a chance of threatening the material
witnesses. Therefore, it is not desirable to grant anticipatory bail to the
Appellant, at this stage. The appeal lacks merit and the same is liable to be
dismissed.
8. Resultantly, the Criminal Appeal is dismissed.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand
closed.
________________________________
VENKATA JYOTHIRMAI PRATAPA, J
Date:18.11.2024
Dinesh
THE HONOURABLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL APPEAL No.675 of 2024
DATE:18.11.2024
Dinesh
