Andhra Pradesh High Court - Amravati
C Vishnuvardhan Reddy vs State Of Ap on 15 July, 2021
[ 3240].
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
THURSDAY ,THE FIFTEENTH DAY OF JULY,
TWO THOUSAND AND TWENTY ONE
:PRESENT: ;
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI --
CRIMINAL PETITION NOs: 3732, 3737, 3845 and 3848 OF 2021
Cri.P.No. 3732 of 2021:
Between:
4 Ganthala Ashok Kumar, aged 43 yrs S/o G. Adenna, r/o D.No. 6-328, Rajaka
Veedhi, Tadipatri-515411 (A21)
2 KRamumjula Reddy, aged S2 yrs Sfo K.Siva Reddy, r/o D.No. 5-43
Narasapuram, Peddapappuru Anantapuramu District-5 15408 {A80)
3. T.N. Sudarshan Reddy, aged 25 yrs, S/o T.N.Nageswara Reddy, t/o D.No. 2-74
Muchukota, Near Saibaba Temple Anantapuramu District-515445 (A81)
4. G.Lakshmi Narayana, aged 36 yrs, S/o G.Chinna Naganna, r/o D.No.5/127
Yerraguntiapalii, Tadipatri-515411 (A 82)
Petitioner/Accused Nos 21, 80, 81 & 82
AND
State of Andhra Pradesh, rep. by its Public Prosecutor,
High Court of Andhra Pradesh, Amaravvathi.
. Respondent
Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in
the memo of grounds filed herein, the High Court may be pleased to direct the
respondent police to release the petitioners on bail in the event of their arrest in Crime
No. 49/2020 of Tadipatri P.S. Anantapuramu District.
Cri.P. NO: 3737 OF 2021
Between:
4 © Vishnuvardhan Reddy, aged 40 yrs, S/o C.Devendra Reddy, r/o D.No. 3-196,
Gannevaripalli, Tadipatri-515411 {A18) a
2. Ganthala Adiseshaiah, aged 54 yrs, Sfo Late. G.Pakkirappa, r/o D.No. 5/39
Rajaka Street, Tadipatri-51 5411 (A19)
3. Boorgula Robert, aged 52 yrs, Sfo B.Nallappa, r/o D.No. 5.289 Allabakash
Street, Tadipatri-515411 (A23) ,
4. Makandar Khaja, aged 38 yrs S/o M.Munir Basha, r/o D.No. 7/321 Raichur Vari
Veedhi, Tadipatri-51541 1{A37)
5. K.C.Asif, aged 25 yrs S/o K.C.Saleem, rio D.No. 7/380 Raichur Street, Tadipatri-
51541 (A43)
Petitioners/Accused Nos 18, 49, 23, 37 & 43
AND
State of Andhra Pradesh, rep. by its Public Prosecutor,
High Court of Andhra Pradesh, Amaravvathi.
. Respondent
Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in
the memo of grounds filed herein, the High Court may be pleased to release the
petitioners on bail in the event of their arrest in Crime No. 849/2020 of Tadipatri P.S.
Anantapuramu District.
Ae
Cri.P. No. 3845 OF 2021
Between:
4. Gandikota Haji Basha, aged 29 years, alias Gora Haji @ Addu Rafi, S/o. G.Abdul
Adam, R/o. 11/248, Banda Masid Veedhi, Tadipatri - 515411 (A.22)
2 Pamidi Yasin Basha, aged 27 years, alias Nandalapadu Asin, S/o. Pamidi
Ghouse, R/o. 15-220 Gandhinagar, Tadipatni - 515411. (A50)
3. Katiki Md. Manjur, aged 34 years, @ Mansoor, So, K.lqbal, R/o. D.No. 9/293,
Madar Sab Veedhi, Tadipatri - 15411 (4.53)
4 Katiki Mohammed Feroze, aged 29 véars, alias Firoz, S/o. K.iqbal, R/o. D.No.
9/293. Madar Sab Veedhi, Tadipatri - 815471 (A595)
5 G. Ravi Kumar, aged 46 years, S/o. G.Ramanna, R/o. D.No. 2-39-A,
peddapolamada, Tadipatri 515414 (A.61).
Petitioners/Accused Nos 22, 50, 53, 55, & 61
AND
State of Andhra Pradesh, Rep. by its Public Prosecutor,
High Court of Andhra Pradesh, Amaravaithi
Respondent/Complainant
Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in
the memo of grounds filed herein, the High Court may be pleased to direct the
respondent Police to release the Petitioners on bail in the event of their arrest in Crime
No. 849/2020 of Tadipatri P.S. Anantapuramu District.
Cri.P. No. 3848 OF 2021
Between:
1. Vallepu Madhusudan @ Vadde Madhu, S/o V. Peddiraju, aged about 42 years,
Rio D. No. 3-947, Gannevaripalli, Tadipatri-515411 (A17)
2. Kummara Subramanyam @ Subbu, aged 40 yrs, S/o K. Venkata Subbaiah, R/o
D. No.3-787, Gannevaripalli Colony, Tadipatri-515411 (A26)
3. Somanapalli Vijaya Kumar @ Mangali Vijay, aged about 41 years, R/o S. Naga
bhushanam, R/o D.No. 6/24, C.B. road, Tadipatri-515411 (A42)
4. Kuchivaripalli Ramalingam @ Ramalinga @ Lingala, S/o K. Ramudu, R/o
D.NO.15/942, Bhagath Singh Nagar, Tadipatri-515411 (A46)
5 Jakka Rambabu @ Rambabu, aged about 39 years, R/o Jakka Krishnappa, R/o
D.No. 3-830, Gannevaripalli, Tadipatri-515411 (A54) -
Petitioners/Accused No. 17, 26, 42, 46 & 54
AND
State of Andhra Pradesh, rep. by its Public Prosecutor,
High Court of Andhra Pradesh, Amaravvathi.
. Respondent
Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in
the memo of grounds filed herein, the High Court may be pleased to direct the
Respondent Police to release the petitioners on bail in the event of their arrest in Crime
No. 849/2020 of Tadipatri P.S. Anantapuramu District.
These petitions coming on for hearing, upon perusing the Petitions and the
affidavits filed herein and upon hearing the arguments of Sri Harish Kumar Rasineni,
Advocate for the Petitioners in all the petitions, and of Public Prosecutor for
Respondent in ail the petitions, the Court made the following
COMMON ORDER:
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION Nos.3732, 3737, 3845 and 3848 of 2021 COMMON ORDER:
Since the subject of matter of criminal petitions, the crime number and the relief are one and the same, this Court deems it appropriate to dispose of these petitions by a common order.
2. These Criminal Petitions are filed under Section 438 of Code of the Criminal Procedure, 1973 (fer short 'Cr.P.C.} seeking pre-arrest bail to the petitioners/ A21, A80, A81, A82, A18, Al9, A2s, A37, A43, A22, A50, A53, ASS, A61, A17, A26, A42, A46 and AS4 in the event of their arrest in connection with Crime No.849 of 2020 of Tadipatri Town Police Station, Anantapur District, wherein the petitioners are alleged to have committed the offences punishable under Sections 147, 148, 506, 307 r/w 149 of Indian Penal Code, 1860 (for short <IPC") and Section 3(1}(r), 3(1}(s}, 3(2}(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities} Act, 1989 {for short "SC ST Act").
3, A report was lodged by the President of Students' Wing belonging to YSRCP stating that on 24.12.2020 at about 1.50 p.m. while he was going to his house through second lane of Sanjeeva aa Nagar, the petitioners herein along with some others approached him and abused him in the name of caste for working against them in the elections. Al instigated the other accused to kill him and A2 hacked the complainant with a sickle, as a result, he received bleeding injuries. It is also alleged in the complaint that the other accused 2 TL also beat the complainant with hands and kicked with legs. Basing on the said report, the present crime is registered.
4. Heard Sri R.Harish Kumar, learned counsel for the petitioners and the learned Assistant Public Prosecutor for the respondent-State.
5. Learned counsel for the petitioners submits that the petitioners have nothing to do with the alleged offences and they were falsely implicated in this case. He submits that there are no specific overt acts attributed to the petitioners, as such none of the offences as alleged either under IPC or under the provisions of SC ST Act attract against the petitioners and only omnibus allegations are made against the petitioner only to harass them. He further submits that some of the accused were granted pre-arrest bail by this Court. a, On the other hand, learned Assistant Public Prosecutor submits that the complainant has sustained grievous injuries and the investigation is pending and at this stage the petitioners are not entitled for pre-arrest bail.
7. Taking into consideration the allegations where there are no specific overt acts against the petitioners herein and further, some of the accused were already enlarged on bail, this Court deems it appropriate to grant pre-arrest bail to the petitioners.
8. Accordingly, these Criminal Petitions are allowed and the petitioners/ A21, A80, A81, A82, Al8, A19, A23, A387, A43, A22, ASO, AS53, A5S, A61l, A1l7, A26, A42, A46 and A54 shall be enlarged on bail in the event of their arrest in connection with Crime No.849 of 2020 of Tadipatri Town Police Station, Anantapur District on executing a &s¢ ot ssa bond for Rs.20,000/- (Rupees twenty thousand only) each with two sureties each for a ike sum to the satisfaction of the Station House Officer, Tadipatri Town Police Station, Anantapur District, As a sequel, all the pending miscellaneous applications shall stand closed.
To, ook, Sd/-M.Su ryanadha Reddy ASSI STANT RESI STRAR Cy TRUE COPYI/ | SECTION-OFFICER _ The Station House Officer, Tadipatri Police Station, Anantapuramu District.
2. Two CCs to Public Prosecutor, Hah Court of Andhra Pradesh, Amaravvathi. & & Skm (OUT) One CC to Sri. Harish Kumar Rasineni Advocate [OPUC] One spare copy Hay 4 Cece ene ee REET .
/ HIGH COURT LK,J DATED:15/07/2021 ORDER CRLP.Nos.3732, 3737, 3845 and 3848 of 2021 CRL.P. IS ALLOWED