Andhra Pradesh High Court - Amravati
Sagireddy Yerrappagari Rathnakar ... vs The State Of Andhra Pradesh, on 23 July, 2021
HONOURABLE SMT. JUSTICE LALITHA KANNEGANTI
Criminal Petition No.3962 of 2021
ORDER:
This Criminal Petition is filed under Section 437 and 439 of the Code of Criminal Procedure, 1973 (for short "the Cr.P.C.") seeking regular bail to the petitioner/A-9 in connection with Crime No.1 of 2021 of G.R. Pally Police Station, YSR Kadapa District, registered for the offences punishable under Sections 148, 324, 307 read with Section 149 of the Indian Penal Code, 1860 (for short "IPC") and Section 27 (2), 20 read with Section 30 of the Arms Act.
2. A complaint is lodged by the de facto complainant, stating that on 31.12.2020 night at 11.03 PM one Nimmakayala Sudhakar Reddy, who is leader of YSRCP in Payasampalli, posted New Year 2021 greetings wishes in Payasampali village in "Team of in Payasampalli" in Whatsapp group by his photo post and in reply the 1st petitioner, who is group member of the said group, posted that they have to celebrate Ugadi festival instead of New year as they are Indians and not Britishers. It is alleged that on 01.01.2021 morning at about 11.45 AM when all the petitioners were present at the house of the petitioner-A9 in the meantime, Nimmakayala Sudhakar Reddy and his son-in-law and their followers came out from the house of Sudhakar Reddy started abusing them and planning to attack them by hurling stones and on noticing the same, petitioners 1 to 3, 5 and 7 armed with hunting sickles and petitioners 4, 6 and 8 armed with iron rods with intent to end the lives of Nimmakayala 2 Sudhakar Reddy and his followers, hacked with hunting sickle at the back side of his head and caused bleeding injury to the de facto complainant. A.2 hacked him with hunting sickle on his right side of his forehead and caused severe bleeding injury to de facto complainant, A.3 hacked Rama Reddy Venkata Ram Reddy with hunting sickle over his head and that A.1 to A.8 started rolling stones on them and with iron rod and hurled stones and caused bleeding injuries and later, LWs.1 to 4 were shifted to Government Hospital for treatment. Basing on the said report, the present crime was registered and the petitioner was arrested and remanded to judicial custody on 22.06.2021.
3. Heard Sri V. Roopesh Kumar Reddy, learned counsel for the petitioner and the learned Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioner submits that in view of disputes between the two groups, the petitioners have been falsely implicated in the case. He points out that the Remand Report reveals that there is a dispute between the parties with regard to posting of messages in Whatsapp group. He further submits that the petitioner was arrested on 22.06.2021 and languishing in jail, as such, his case may be considered for grant of bail.
5. On the other hand, learned Assistant Public Prosecutor submits that the investigation is completed and charge sheet is filed.
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6. Taking into consideration the fact that the entire investigation is completed, charge sheet is filed and the petitioner is languishing in jail from 22.06.2021, this court deems it appropriate to grant bail to the petitioner, however, on certain conditions.
7. Accordingly, the Criminal Petition is allowed. The petitioner/A-9 shall be enlarged on bail on his executing personal bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the Judicial Magistrate of First Class, Kamalapuram, YSR Kadapa District. On such release, the petitioner shall appear before the Station House Officer, G.R. Pally Police Station, YSR Kadapa District, once in a month till completion of trial.
___________________________ LALITHA KANNEGANTI, J Date: 23.07.2021 KA