Andhra Pradesh High Court - Amravati
Gumma Anjaneyulu vs The State Of Andhra Pradesh on 25 February, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO: 992 OF 2021 Between: 4. Gumma Anjaneyulu, S/o. Chinna Venkataiah, Aged about 50 Years, R/o. Jamgamaheswarapadu Village, Durgi Mandal, Guntur District. (A10) 2. Gumma Venkateswarlu, S/o. China Venkataiah, Aged about 43 years, R/o. Jamgamaheswarapadu Village, Durgi Mandal, Guntur District. (A9) .. .Petitioners/Accused AND The State of Andhra Pradesh, (SHO, Durgi Police Station) Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...Respondent/Complainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in Criminal Petition, the High Court may be pleased to enlarge the petitioners Accused 9 and 10 on bail in the event of their arrest connection with Crime No.01/2021 of Durgi Police Station, Guntur District. The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri Venkateswarlu Posani, Advocate for the Petitioners and of Public Prosecutor for the Respondent, the Court made the following. ORDER
Fy THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO. 992 OF 2021 ORDER:-
This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest bail to the petitioners/A9 and A10 in the event of their arrest in connection with Crime No.1 of 2021 of Durgi Police Station, Guntur District, registered for the offences punishable under Sections 307, 147, 148 read with 149 of the Indian Penal Code, 1860 (for short "IPC").
2. The case of prosecution is that a complaint is lodged on 01.01.2021, stating that in the month of December, 2014, some clashes occurred between the group of LW1 and the group of Al. In the incident, the group of Al killed the brother-in-law of LW1 namely Gudipati Venkata Ramaiah, which was the subject matter of Crime No.201 of 2014 registered for the offences under Section 147, 148, 322, 506 read with 149 IPC of Durgi Police Station.
Since then, they are continuing enmity ensued between them. While so, on the intervening night of 31/01.01.2021 at 00.30 hours, Al to A30 formed into unlawful assembly with the common object, having deadly weapons like axes and stout sticks with a view to execute their plan to clear their hurdle by keeping in mind their previous enmity, approached LWs2 to 4, while they were celebrating New Year festival along with children by firing crackers, attacked them with deadly weapons. On coming to know the same, LW1 rushed to Boddurai centre where the incident took place, intervened to pacify the matter, but Al uttered the words "Neevu Endira Madhylo Vachi Matledi Neevu Maku Cheepedi Endi, Ee Naa kodukuni Narakandira". A2 and A3' inflicted injuries on the de facto complainant and A4 caused injuries to LWS with axe on his left foot palm, left side of the head and right elbow. A15 thrashed with sticks on LW16 on her right side ear and left side thigh and inflicted injuries. The other accused assaulted them with hands and kicked with legs. All the injured persons were shifted to Government Hospital for treatment. Basing on the said complaint, the present crime is registered.
3. Heard Sri Posani Venkateswarlu, learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioners submits that the petitioners have not committed any offence, much less the alleged offences. He submits that even if the allegations in the complaint are taken on its face value, they do not attract the offences as alleged. He further submits that even as per the complaint, there "are specific overt acts only against some _ accused and no specific overt acts are attributed to the petitioners herein. It is submitted that in view of panchayat elections and due to political rivalry, the present case is foisted against the petitioners. He further submits that the father of the de facto complainant was unanimously declared as Sarpanch of the village, more so, the de facto complainant is a rowdy sheeter, which clearly shows that the petitioners have been falsely implicated in the case. He submits that the injuries sustained by the complainant and others are simple in nature. As such the petitioners' case for pre-arrest bail may be considered.
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5. On the other hand, learned Additional Public Prosecutor submits that there is a law and order problem in the village, in view of the disputes between the rival groups. He submits that the investigation is in progress and 14 witnesses were examined. The police are awaiting wound certificate and unless such wound certificate is received, it cannot be said that the injuries sustained by the de facto complainant and others are simple in nature. There may be law and order issues in the village if the petitioners are granted bail, as such, at this stage, the petitioners may not be granted pre-arrest bail.
6. Having regard to the facts and circumstances of the case and taking into consideration the submissions of the learned counsel and the learned Public Prosecutor and on perusal of the record, it appears that there are no specific overt acts against these petitioners and some of the accused were already enlarged on bail. Therefore, this Court deems it appropriate to grant pre- ' arrest bail to the petitioners.
7.. Accordingly, this Criminal Petition is allowed. The petitioners/A9 and A10 shall be released on bail in the event of their arrest in connection with Crime No. 1 of 2021 of Durgi Police Station, Guntur District on condition of executing self bond for Rs.20,000/- (Rupees twenty thousand only) each with two sureties for a likesum 'each to the satisfaction of the Station House Officer, Durgi Police Station, Guntur District.
Consequently, miscellaneous applications pending, if any, shall stand closed. FI cea > _ ~~ - | Sd/-T.Madhavi "oO | ASSISTANT REG RAR | IITRUE COPY// The X Addl. Sessions Judge, Gurazala, Guntur District. The Station House Officer, Durgi Police Station, Guntur District. One CC to Sri. Venkateswarlu Posani, Advocate [OPUC] Two CCs to Public Prosecutor, High Court of AP [OUT] One spare copy.
SECTION OFFICER HIGH COURT LK,J DATED: 25/02/2021 ORDER CRLP.No.992 of 2021 DIRECTION ZZ ANDERS Or a \AL C & 3%, Bree Re Wee gs oo 2 ewe ene