Andhra Pradesh High Court - Amravati
Vutukuri Madana Mohana Reddy vs The State Of Andhra Pradesh on 19 October, 2023
Author: K Suresh Reddy
Bench: K Suresh Reddy
IN THE HIGH COURT OF ANOHRA PRADESH AT AMARA WEDNESDAY THE EIGHTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY T RREE 'PRESENT: THE HONOURABLE SRI JUSTICE K SURESH REDDY CRIMINAL PETITION NO) 7818 OF 2023 Setwoen: Vutukun Madana Mohana Reddy, Gfo Vulukuri nagi Reddy, Rio Bandaki nda Paik, Resipicheria, Ohittoar, Andhra Frade sh PetitioneriAccused Nos ANS The State OF Andhra Pradesh, Rep' by iis Public Prosecutor, High Court of Andhra Pradesh, Amaravathi, Through Station House Officer, Bangare UPS. Chtear Respondent Paton under Section 438 of Or Pc, praying that in fhe circumstances stated in the memorandum of grounds fled in support o * the Crivunal Petition, the High Court may be pleased in grant antic cipatory ballin Crime Noa. 272 of 2023 on the fie af Punganuru urban Police Station, Chittoor and fo relegse the Petltioner/Accused No. 16 herein in the event of their arrest in fhe interest of justice . The petition coming an for hearing, upon perusing the Pelltian and the memorandum of grounds filed in support thereef and upon hearing the argurnants of Sn JYOTHE RATNA ANUMOLU Advocate for the Petitioner and of ? Public Progecufor for Respondent, the Court made the fallawing ORDER
HON 'BLE SRE JUSTICE K. SURESH REDDY CRIMINAL PETITION No. 7815 of 2023 AAA SSR QRBER:
"on 0% Lad o + wy oh.
we [ fend oh 3 Ls 3 % 4 2, 7 o ne, "ond fd a3 role Sud 023 of Punganur Urban Police Station, Chittoor District, fied the present petition under Section 438 Cr Pk geking pre-arrest bail in connection with the sald crime, é. The above cme has been segistered for the offences punishable under Sections i109, 147, 148, 3535, 382, 324, S07, 120-8, 427 & 436 read with Section 149 LPC. and Sections 3 & 4 of Prevention af Damage to Puodlic Property Act, on the basis of the statement of ons RK. Sanesh, AR Police Constable 2808, working as Driver in DAR MT Section, Chittoor. The contents of the said stahement, in brief, are thus: On 04.08.2025, the de facte complainant, along with 25 AR personnel, went on a police yehicie, viz, Eicher Bus bearing registration No.AP if P Q964, anc reported' before Punganur r Police Station in commection with bandobast duty on account of visit of Sri Nera Chandra Babu Naidu. As per the instructions of thelr superior officers, they proce seeded fo attend bandobast duby near Bheemaganipall Cross an the route leading to Punganur Town. He parked the sal) vehicle behind the barr icades erected at the above place. At that time, an argument took place in belween malice < officials anc the party workers of Telugu Desam Party regarding sermissian for the entry of their leacier Into Punganur Town and during that time, A.d shouted by saying that if the police are ifled, thelr leacer will be allaved t5 go int Punganur Town arc! instigabed the party workers of Telugu Desam ri Party with g his words, and thereupon, they removed the barricades, took out beer bottles, SENTNTTITIN fd XOR3 UN PNa Sis of 2038 stones and sticks, which were already In their possession as per the conspiracy entered into between them, anc made an etack an Aim and the patice vehicle, A,i to A.18 and other party workers of Teugu Gesarn Party came to the oolice vehicle, broke the frant glass of the vehicle by attacking with beer bottles, Stories and sticks, and pulled the oe facto complainant out anc! attacked Airs with sticks andl stones, due to which he sus ained bleeding injuries. Gther police officials and stailf giso sustained injuries in the said incident. The said rind of persons also set the police vehicle Eicher bus, worth about Rs.11,06,124/-, on Are.
3. Learned counsel for the petitioner contends that a false case has been feisted against the petitioner anly due to political rivalry and that the allegations levelled would not attract the ingrecients of Section 307 IPC. He further contends that no specific overt act has heen alk aged against the petitioner. Me, therefore, prays for grant of pre-errest Dall to the petitioner by imposing conditions
4. On the other hand, learned Assistant Public Prosecutor, opoosed the the application cantending that series of attacks were made by the persons beianging to Telugu Desarn Party on the fateful day. Ne submits that granting ore-arrest bail to the petitioner is not desirable and there is ave ery Chance of his tampering with the witnesses and hampering the investigation. He, t erefore, prays for dismissal of the petition
5. This Court has perused the entire material available on record. As can be seen fram the report lodged by the oe Gate complainant, there is no specific as @ % S ee > ot 3 i pan oe 3 pe he % a anc ie :
= » as "
allegation as tu the pres at the time of alleged Incident. Considering the circumstances, since rma awe there is no accusation as to the participation of the petitioner in the alleged subsequent incident, which is the subject matter of the resent crime, {his Court is Inclined to grant pre-arrest hall to the petitioner, by bnpasing certain conditions. Ry w &. Accordingly, the Criminal Petition is allowed with the following diractioris:
{} The setitioner/A.i6 is directed to surrender before the Station House Officer, Punganur Urban Police Station, within a perlad of ten days from today and on such surrender, the petitioner shail be release! on ball on his furnishing a personal bond for Rs.16,000/+ (Rupees Ten thousand only} with two sureties for a fike sum each to the satisfaction of the Station House Officer, Punganur Urban Police Station:
fy That after Als release, the oetitioner shall report before the " g : at ; Tsahh 3 3 cones ROY Saree > re Per o sions Station House Officer, Miler Police Station, once in a week, Le. ar every Sunday hetween 10.00 am. and 1.00 oom.. for 6 perice of two (2) weeks; and OW} That the petitioner shal aat hamper the Investigation and shall :
i i Peete wey ee ee ON os SECTION OFFICER Pe, The Stehon House Officer, Punganur Urban PLS., Chittoor (by RPADS Cine OG 2 f° SRL GYOTHE RATNA ANUMOLU Ack vooate fOPUC} Two CGs fo PUBLIG PROSECUTOR, Nigh Court of A PROUT] One conte SMIDy. | Be ad NS ot wy HIGH COURT KRSRS FOP 2023 S ° DATED BAIL ORDER CRLP_NG.?S1S of 2023 ALLOWED i na hh BOM YG es a hig Ge 4 Bra, Sa SON S& * & a SES SERIES Go, ES tut Colt oF CEES RS he .
See a y Skee SR