Andhra Pradesh High Court - Amravati
Ambati Ramakrishna Reddy vs The State Of Andhra Pradesh on 19 August, 2024
APHC010346182024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3365]
(Special Original Jurisdiction)
MONDAY ,THE NINETEENTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR
CRIMINAL PETITION NO: 5577/2024
Between:
Ambati Ramakrishna Reddy ...PETITIONER/ACCUSED
AND
The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused:
1. S.V.S.S.SIVA RAM
Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR
The Court made the following:
ORDER:
This Criminal Petition, under Section 482 of BNSS, is filed seeking to enlarge the petitioner/accused on anticipatory bail in the event of his arrest in Crime No.94/2024 of Tadipathri Town Police Station, Ananthapuram District registered for the offence punishable under Sections 147, 148, 188, 427, 307, 332, 353 IPC Sec.3, 4 PDPP Act read with 149 IPC.
22. Heard arguments of learned counsel on both sides. Respondent filed counters.
3. Perused the record.
4. Petitioner contend that he is innocent and unreasonably he is accused of this offence and have reason to believe that he may be arrested.
5. Respondent contends that the peace in the society was disturbed, public servants on duty were hurt, property was damaged. The presence of the petitioner in Tadipatri is likely to create further unrest.
6. The material on record disclosed the names of big and not so big persons belonging to two leading political parties - one, the then ruling party, the other, the then opposition party. The incident occurred while this democracy was gearing up for elections to Parliament and Assembly. The allegations are that the rival groups of persons, large in number holding weapons, being led by their leaders, had their own plans drawn up, engaged in pelting stones and caused damage to the vehicles and injuries to police.
7. Record further shows that the investigation progressed, statements of certain witnesses were recorded, material objects were seized, mahazars were prepared. At the time of incident or soon thereafter, arrests did not take place. Broad statements apart, one could not notice any specific overt acts.The incident, though created panic, is one that does not seem to require any custodial interrogation. Given the fact that this petitioner is ordinary resident of the area, minding his own avocation; granting the prayer does not dent the smooth investigation. However, there is need to hedge the emotions of rival groups so as to allow the peace to thrive and 3 perpetuate. Therefore, conditioning him by certain terms would serve the process of justice well.
8. In the result, this petition is allowed with the following terms:-
In the event of arrest of the petitioner herein/accused, he shall be enlarged on bail on his executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties of the like sum each to the satisfaction of the concerned arresting/ Investigating Officer. The petitioner/accused shall mark his attendance before the Investigating Officer on 7th and 21stof every month between 10.00 AM and 1.00 PM for a period of three months or till filing of the charge sheet whichever is earlier. The petitioner/accused shall make himself available for interrogation by a police officer as and when required, and he shall not, directly or indirectly, make any inducement, threat or promise to any persons acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. He shall not indulge in similar acts of crime. From the time he avail the bail, he shall stay away from Tadipatri town for a fortnight.
________________________ Dr. V.R.K.KRUPA SAGAR, J Date: 19.8.2024 SR/RD 4 THE HON'BLE SRI JUSTICE Dr. V.R.K.KRUPA SAGAR CRIMINAL PETITION No.5577 of 2024 Date: 19.8.2024 SR/RD