Andhra Pradesh High Court - Amravati
A Nanda Kumar Nanda Kumar Naidu vs The State Of Andhra Pradesh on 25 November, 2024
APHC010504262024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3396]
(Special Original Jurisdiction)
MONDAY ,THE TWENTY FIFTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL APPEAL NO: 708/2024
Between:
A NANDA KUMAR @ NANDA KUMAR NAIDU, S/O. A. BHASKAR
NAIDU, AGED 52 YEARS, R/O. DIGUVAMODALAPALLE,
THAVANAMPALLE MANDAL, CHITTOOR DISTRICT.
...APELLANT
AND
THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC
PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT
AMARAVATI.
...RESPODENT
Counsel for the Appellant:
1. D PURNACHANDRA REDDY
Counsel for the Respondent:
1. PUBLIC PROSECUTOR
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 passed in Crl.M.P.No.1907 of 2024 in
Crime No.122 of 2024 by the learned I Additional District & Sessions Judge-
cum-Special Judge for trial of cases under SCs & STs (PoA) Act, Chittoor,
dated 25.10.2024 and to release the Appellant on bail.
2. Case of the prosecution, in brief, is that, the De facto Complainant
namely T.Sunitha, who belongs to SC Community was granted patta in
respect of the land situated in T.Puttur in 2010 and was also granted
pattadar passbook. While so, on 14.10.2024, the Appellant/Accused No.1
along with Accused No.3 with JCB trespassed into the land, leveled the
same and tried to plant saplings. On coming to know the same, when the
De facto Complainant went to the field and questioned about their acts,
Accused No.3 caught hold of her tuft, pushed her on the ground, insulted
her in the name of her caste. In the meantime, Appellant/Accused No.1
kicked her with legs and insulted her touching her caste. When her elder
son namely Sravan Kumar came to her rescue, Appellant/Accused No.1
with intent to kill, beat him with a boulder on the back side of his head and
caused severe bleeding injury due to which he fell down. In the meantime,
when her younger son came there, Accused No.2 took another boulder and
beat him over his head. Based on the report given by the De facto
Complainant, the present case has been registered.
3. Heard Sri D.Purna Chandra Reddy, learned counsel for the
Appellant/Accused No.1 and Ms.K.Priyanka Lakshmi, learned Assistant
Public Prosecutor, representing the State/Respondent.
4. Learned counsel for the Appellant/Accused No.1 would submit that there
are land disputes between the Appellant and the De facto Complainant.
Learned counsel would further submit that, this case emanates from a civil
dispute. Appellant as well as the De facto Complainant have been claiming
title over the disputed property. Learned counsel would submit that pattadar
passbooks were issued in the name of the Appellant/Accused No.1.
Learned counsel for the Appellant would further submit that the Appellant
has been in jail since 17.10.2024 and investigation is completed. Hence,
prayed to enlarge the Appellant on bail.
5. Learned Assistant Public Prosecutor would submit that, except the
present case, there are no other cases pending against the Appellant. It is
submitted that the investigation has been completed and Court may pass
appropriate orders by imposing conditions.
6. Though notice is served on the De facto Complainant, she did not
choose to submit any objections.
7. The bail application filed before the trial Court has been dismissed vide
Order dated 25.10.2024 in Crl.M.P.No.1901 of 2024 on the ground that the
investigation is pending.
8. As can be seen from the allegations made in the complaint, on
14.10.2024, while the Appellant/Accused No.1 along with Accused No.3 were
planting the saplings by leveling the subject land, the De facto Complainant
herself went there and questioned about their acts, as such, the alleged
incident occurred. However, it is not the stage to decide the culpability of the
Appellant / Accused No.1 in the commission of the alleged offence, by accepting
the allegations against him and it requires examination at full length of trial.
9. In view of the submission that the investigation has been completed
and the Appellant /Accused No.1 has been in judicial custody since
17.10.2024, the question of tampering with the evidence, does not arise. In
such circumstances, this Court is inclined to enlarge the Appellant / Accused
No.1 on bail. However, it is made clear that the observations made in this
Appeal are with regard to granting of bail to the Appellant / Accused No.1,
but not on the merits of the case.
10. In the result, the Criminal Appeal is allowed setting aside the Order
dated 25.10.2024 passed in Crl.M.P.No.1901 of 2024 in Crime No.122 of
2024 of Thavanampalli Police Station, by the learned I Additional District &
Sessions Judge-cum-Special Judge for trial of cases under SCs & STs
(PoA) Act, Chittoor and consequently bail is granted to the Appellant /
Accused No.1 on the following conditions:
i. The Appellant / Accused No.1 shall be released on bail on
execution of a personal bond for Rs.20,000/- (Rupees twenty
thousands only) with two sureties for a like sum each to the
satisfaction of the learned I Additional District & Sessions Judge-
cum-Special Judge for trial of cases under SCs & STs (PoA) Act,
Chittoor.
ii. On release, the Appellant shall appear before the Station House
Officer, concerned, once in a week i.e., on Sunday between
10.00 a.m. and 05.00 p.m., till filing of the charge sheet.
iii. The Appellant is directed not to hamper the investigation and
tamper with the prosecution witnesses.
iv. It is made clear that the Appellant shall scrupulously comply with
the above conditions and breach of any of the above conditions
will be viewed seriously and prosecution is at liberty to move an
application for cancellation of the bail.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand
closed.
________________________________
VENKATA JYOTHIRMAI PRATAPA, J
Date:25.11.2024
Note: Issue C.C today
Dinesh
THE HONOURABLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL APPEAL No.708 of 2024
DATE:25.11.2024
Dinesh
