Andhra Pradesh High Court - Amravati
Guddanti Dandi Kiran Babu vs The State on 5 March, 2021
Author: M. Satyanarayana Murthy
Bench: M. Satyanarayana Murthy
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE FIRST DAY OF OCTOBER, TWO THOUSAND AND TWENTY : PRESENT : THE HONOURABLE SRI JUSTICE M. SATYANARAYANA MURTHY CRLP.No. 4155 of 2020 Between:- Guddanti Dandi Kiran Babu, S/o. Visweswara Vara Prasad. .....Petitioner/Accused No.2. AND The State, Station House Officer, Yerragondapalem Police Station, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. tease Respondent. Petition filed under Sections 437 and 439 of Cr.P.C. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant bail o the petitioner/A2 in Crime No.56/2015 (PRC No. 27 of 2018) on the file of Yerragondapalem Police Station. The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri V.R. Machavaram, Advocate for the Petitioner and of the Public Prosecutor on behalf of respondent/State, the Court made the following ORDER :
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a THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION No.4155 OF 2020 ORDER:
This petition is filed under Sections 437 and 439 of the Code of Criminal Procedure (for short 'Cr.P.C.')) to enlarge the petitioner/A-2 on bail in connection with Crime No.56 of 2015 (PRC No.27 of 2018) registered for the offences punishable under Sections 379, 201 of IPC and Section 27(11) of Indian Arms Act. He is in judicial custody since 29.08.2020.
2. The case of prosecution in brief is that the petitioner is A-2- in the above crime, who was Armed Reserved Police Constable engaged in combing operation against Maoists in the area of Markapur sub-division of Prakasam District during the year 2014 and after encounter A-1 committed theft of a weapon 'tapancha' from the deceased Maoists and concealed it from a bush without the knowledge of the higher officials. Later, on 14.05.2015 A-1 along with others including the petitioner herein allegedly committed the dacoity by using the official weapons which were issued to them by the department and they were caught by Kavali Rural Police along with the booty and the weapons including the 'tapancha' which was in possession of the petitioner, upon which Kavali Rural Police have registered a case in Crime No.117 of 2015 under Sections 395 and 170 IPC. The petitioner/A-2 who is involved in a case in Crime No.168 of 2020 of Maddipadu Police Station for the offences punishable under Section 337 IPC and Section 34(A) of the A.P.Excise Act N\ ~ A r/w 34 of IPC were arrested in the above Excise crime. He was brought on P.T. warrant and produced before the Court in Markapur in the present case i.e. in Crime No.56 of 2015 of Yerragondapalem Police Station. He was charge sheeted in PRC No.27 of 2018 on the file of Judicial First Class Magistrate, Markapuram and he was remanded to judicial custody on 29.08.2020.
The main contention of the petitioner is that he was falsely implicated in the case on account of alleged dacoity theft of weapon 'tapancha' without knowledge to the higher officials and secreted the same. The petitioner has nothing to do with the above crime and therefore requested to release the petitioner in the above mentioned crime registered for various offences referred above.
The learned Public Prosecutor for the State contended that the petitioner was found absconding for the last many years and he was produced on P.T. warrant. The petitioner was involved in Excise offence. In case if the petitioner is released on bail, there is possibility of his absconding and it will be difficult for the Sessions Judge to proceed with the case, and requested to dismiss the petition.
As seen from the allegations made in the charge sheet, the petitioner is the person who allegedly committed dacoity, being a police along with A-1 holding 'tapancha' being a member of Armed Police Force, became thief or dacoit and conveniently na 3 avoided his appearance before the Court where the PRC is pending. Though the petitioner is an Armed Reserved Police Constable and again involved in another Crime while transporting IMF liquor illegally. Thus, it is the evident that the petitioner is having lot of criminal back ground but that is not relevant to decide the petition. In any view of the matter, the entire investigation is completed and charge sheet is filed and it is pending before the Judicial First Class Magistrate, Markapur for committal in PRC No.27 of 2018. Therefore, the question of interference of petitioner in the investigation does not arise. Hence, | find that this is a fit case to enlarge the petitioner on bail by imposing strict conditions.
In the result, the criminal petition is allowed enlarging the petitioner/A-2 on bail on executing a personal bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of the Judicial Magistrate of First Class, Markapur and on further condition that on his release on bail the petitioner shall stay at Markapur till completion of trial and in case he is required to leave the jurisdictional limits of Judicial Magistrate of First Class, Markapur, he has to obtain prior necessary permission from the learned Judicial Magistrate of First Class, Markapur. | Sd/- M. SURYANADHA REDDY, ASSISTANT REGISTRAR //TRUE COPY// ke ~ for ASSISTANT REGISTRAR To
1.The VI Additional District and Sessions Judge, Markapur, Prakasam District.
2.The Judicial Magistrate of First Class, Markapur, Prakasam District.
3.The Station House Officer, Yerragondapalem Police Station, Prakasam District.
4.The Superintendent, Sub-Jail, Markapur, Prakasam District.
5. Two CCs to the Public Prosecutor, High Court of A.P., at Amaravati(OUT)
6.One CC to Sri V.R. Machavaram, Advocate(OPUC)
7.One spare copy.
Note :- Order dt.1.10.2020 in Crl.P.No. 4155 of 2020 is amended by substituting the words as per Hon'ble Court order dt. 5-3-2021 made in |.A.No. 20221. Substitute amended order in the place of the order already dispatched on 8-10-2020.
Sd/- M. SURYANADHA REDDY, ASSISTANT REGISTRAR aa HIGH COURT MSM.J DT.01-10-2020.
AMENDED BAIL ORDER (05-03-2021) CRL.P.No. 4155 of 2020 RELEASE THE PETITIONER ON BAIL