Andhra Pradesh High Court - Amravati
Mr.Challa Rama Chandra Reddy vs The State Of Andhra Pradesh on 6 October, 2023
Author: K.Suresh Reddy
Bench: K.Suresh Reddy
THE HON'BLE SRI JUSTICE K.SURESH REDDY
CRIMINAL PETITION No. 7532 OF 2023
ORDER:
The present criminal petition, under Sections 437 and 439 Cr.P.C., is filed by the petitioner-accused No. 1 seeking to release him on bail in crime No. 270 of 2023 of Punganur U Police Station, Chittoor District, registered for the offences punishable under Sections 147, 148, 120-B, 353, 332 and 307 read with Section 149 IPC.
2. Heard Sri Posani Venkateswarlu, learned senior counsel, representing Ms. Jyothi Anumollu, learned counsel appearing for the petitioner-accused No. 1, and learned Additional Advocate General appearing for the respondent-State.
3. In respect of an incident that took place on 04-08-2023 at Punganur crossroads, seven crimes have been registered against the petitioner-accused No. 1 by the same police station. While the former Chief Minister Sri Nara Chandrababu Naidu was proceeding from Anantapur to Tirupati via Punganur, certain untoward incidents have taken place at the outskirts of Punganur crossroads. It is alleged that people belonging to Telugu Desam Party said to 2 have obstructed police officials and caused injuries to some of the workers of ruling party as well as police personnel. On the basis of the said allegations, the present crime has been registered against the petitioner-accused No. 1 and others. The petitioner is shown as accused No. 1. The allegation made against the petitioner- accused No. 1 is that he said to have instigated other accused to question the police for removing of barricades as their leader has to enter into Punganur Town. In the said incident, the other accused said to have caused injuries to police personnel and also set fire to two police vehicles.
4. Sri Posani Venkateswarlu, learned senior counsel, representing Ms. Jyothi Anumollu, learned counsel appearing for the petitioner-accused No. 1, strenuously contends that all the offences, except the offence under Section 307 IPC, are punishable with a term of either seven years or less than seven years and it is only to magnify the offence, the prosecution introduced Section 307 IPC. Learned senior counsel submits that the petitioner- accused No. 1 has been suffering from Colonial Cancer since 2018; that the petitioner underwent chemo radio therapy and also a 3 surgery in the year 2018; that now, the petitioner's health condition is deteriorating and he has been admitted in SVIMS Hospital, Tirupati, where he is taking treatment, and that because of the detention of the petitioner, he is not in a position to take special treatment at Bengaluru and therefore requests this Court to enlarge the petitioner-accused No. 1 on bail.
5. Learned Additional Advocate General, on the other hand, vehemently opposed the criminal petition on the grounds that series of attacks including the present incident took place on the fateful day, in which nearly 47 police personnel were injured, and that the petitioner-accused No. 1 was very much present at the scene of offence and he instigated other accused to attack police personnel.
6. Be that as it may, as the petitioner-accused No. 1 was arrested on 04-09-2023 and as his health condition is deteriorating, this Court is inclined to enlarge him on bail.
7. The petitioner-accused No. 1 is, therefore, ordered to be released on bail on his executing a personal bond for Rs.25,000/- with two sureties for the like sum each to the satisfaction of 4 learned I Additional Junior Civil Judge - cum - Additional Judicial Magistrate of I Class, Punganur. After release, the petitioner- accused No. 1 shall cooperate with the investigating agency and shall not tamper with the prosecution witnesses.
8. Accordingly, the criminal petition is allowed.
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Date: 06-10-2023, JUSTICE K.SURESH REDDY
JSK
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THE HON'BLE SRI JUSTICE K.SURESH REDDY
CRIMINAL PETITION No. 7532 OF 2023
DATE: 06TH OCTOBER, 2023
JSK