Andhra Pradesh High Court - Amravati
C. Reddy Bhaskar, vs The State Of Andhra Pradesh, on 24 June, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY ONE -PRESENT: . THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO: 3234 OF 2021 Between: C, Reddy Bhaskar, S/o. Subramanyam, Aged about 42 years, Occ, Selling oil and Cotton Wicks in the Temple, Residing at H.No.28-236, Gantavur, Palamaner Town, Chittoor District, Andhra Pradesh State. ween Petitioner/Accused AND The State of Andhra Pradesh, rep. by its Public Prosecutor High Court at Amaravathi, through its SHO, Palamaner Urban PS, Chittoor District, eevee Respondent Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the grounds filed the Criminal Petition, the High Court may be pleased to enlarge the petitioner/accused on bail in the event of his arrest in connection with Crime No. 69 of 2021 of Palamaner Urban Police Station, Chittoor District, Andhra Pradesh State. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri K Srinivas Advocate for the Petitioner and of Public Prosecutor for the Respondent and the Court made the following. ORDER:
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO. 3234 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 petitioner/accused in the event of his arrest in connection with Crime No.69 of 2021 of Palamaner Urban Police Station, Chittoor District, registered for the offences punishable under Sections 447, 427, 379 and 506 of the Indian Penal Code, 1860 (for short T.P.C.}.
2. The case of prosecution is that a report was lodged alleging that on 28.02.2021 at about 6:00 A.M. the petitioner criminally trespassed into Lord Sri Saneswara Swamy Temple situated near Gantavur village and cut Jamoon, Mango, Kanuga and Guava trees, committed theft of wood and carried in Tata Ace Auto. Subsequently he admitted the offence and proclaimed to commit suicide if complaint is given against him. Basing on the said report, the present crime is registered.
3. Heard Sri K.Srinivas, learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioner submits that a false complaint is lodged against the petitioner alleging that he has criminally trespassed into the Temple and cut the trees which are of 30 years old and the said trees were found in the premises of the petitioner's house, covered by clothes and cover. He further FORO eres submits that even as per the F.1.R. the alleged incident has taken place on 28.02.2021 but for the reasons best known to the complainant, the complaint was lodged on 14.03.2021. He submits that the reason for delay in lodging the report as stated in the complaint is that the petitioner threatened the witnesses not to give statements and he also threatened the complainant that if he gives complaint against him, he will commit suicide and the same cannot be a reason for dealy. Learned counsel further submits that due to some disputes between the parties, the petitioner is falsely implicated in the case. Hence, his case for grant of pre-
arrest bail may be considered.
S. On the other hand, learned Assistant Public Prosecutor does not dispute the fact that the complaint was ledged on 14.03.2021 with a delay of 21 days. He submits that the investigation is in progress and hence, the petitioner is not entitled for pre-arrest bail at this stage.
6, While considering an application seeking bail, the Court has to take into consideration, i. The nature and gravity of the accusation and the exact role of the accused must be properly comprehended before arrest is made;
ii. The antecedents of the applicant including the fact as to whether the accused has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence;
iti. The possibility of the applicant to flee fram justice;
iv. The possibility of the accused's likelihood to repeat similar or the other offences.
v. Where the accusations have been made only with the object of injuring or humiliating the applicant by arresting him or her, vi. Impact of grant of anticipatory bail particularly in cases of large magnitude affecting a very large number of people.
vii. The courts must evaluate the entire available material against the accused very carefully. The court must also clearly comprehend the exact role of the accused in the case. The cases in which accused is implicated with the help of Sections 34 and 149 of the Indian Penal Code, the court should consider with even greater care and caution because over implication in the cases is a matter of common knowledge and concern, vill. While considering the prayer for grant of anticipatory bail, & balance has to be struck between two factors namely, no prejudice should be caused to the free, fair and full investigation and there should be prevention of harassment, humiliation and unjustified detention of the accused;
ix, The court to consider reasonable apprehension of tampering of the witness or apprehension of threat to the complainant;
x, Frivolity in prosecution should always be considered and it is only the element of genuineness that shall have to be considered in the matter of grant of bail and in the event of there being some doubt as to the genuineness of the prosecution, in the normal course of events, the accused is entitled to an order of bail."
(Satlingappa Mhetre Vs. State of Maharashtra and Ors!).
7. In this case admittedly the trees cut by the petitioner are already available, hence there is no question of tampering with the evidence, this Court deems it appropriate to grant pre-arrest bail to the petitioner.
8. Accordingly, this Criminal Petition is allowed. The petitioner/accused shall be released on bail in the event of his arrest in connection with Crime No. 69 of 2021 of Palamaner Urban Police Station, Chittoor District, on condition of executing self bond for Rs.20,000/- (Rupees twenty thousand only) with two 1 AIR 2011 SC 312 = MANU/SC/1021/2016 To, PWN = sureties for a likesum each to the satisfaction of the Station House Officer, Palamaner Urban Police Station, Chittoor.
Consequently, miscellaneous applications pending, if any, shall stand closed.
A OP gene "bo Gt Sd/-G.SrinivasaReddy- -
ASSISTANT REGISTRAF HTRUE COPY! SECTION Kier f Cerrar re TTA Sy The Station House Officer, Palamaner Urban PS, Chittoor District. One CC ta Sri. K Srinivas Advocate [OPUC] Two CC's to Public Prosecutor, High Court of AP, Amaravati[OUT] One spare copy HIGH COURT LKJ DATED:24/06/2021 ORDER CRLP.No.3234 of 2021 ALLOWED " Eo "A ey SS, Se ye % Poe eS "Sa Cegparonie"