Andhra Pradesh High Court - Amravati
Annem Chinna Subbareddy, A. 8 vs The State Of Andhra Pradesh on 14 October, 2024
THE HON'BLE JUSTICE Dr. V.R.K.KRUPA SAGAR CRIMINAL PETITION Nos.6649, 6650, 6764 and 6810 of 2024 COMMON ORDER:
These are two regular bail petitions and two anticipatory bail petitions pertaining to one crime incident.
2. Criminal Petition No.6649 of 2024, under Sections 437 and 439 of Cr.P.C. (New Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023), is filed by the petitioners/accused Nos.1 to 7, 9, 10, 12 to 15, 18, 21 to 25, 27 and 28 seeking regular bail in Crime No.80 of 2024 of Kurichedu Police Station, Prakasam District, registered for the offences punishable under Sections 191(2), 191(3),118, 115(2), 351(2), 109 and 333 read with 190 of BNS.
3. Criminal Petition No.6650 of 2024, under Section 438 of Cr.P.C. (New Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023), is filed by the petitioners/accused Nos.8, 16, 17, 19 and 26 seeking anticipatory bail in connection with Crime No.80 of 2024 of Kurichedu Police Station, Prakasam District, 2 registered for the offences punishable under Sections 191(2), 191(3), 118, 115(2), 351(2), 109 and 333 read with 190 of BNS.
4. Criminal Petition No. 6764 of 2024, under Sections 437 and 439 of Cr.P.C. (New Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023), is filed by the petitioner/accused No.36 seeking regular bail in Crime No.80 of 2024 of Kurichedu Police Station, Prakasam District, registered for the offences punishable under Sections 191(2), 191(3),118, 115(2), 351(2), 109 and 333 read with 190 of BNS.
5. Criminal Petition No.6810 of 2024, under Section 438 of Cr.P.C. (New Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023), is filed by the petitioners/accused Nos.29 to 35 seeking anticipatory bail in connection with Crime No.80 of 2024 of Kurichedu Police Station, Prakasam District, registered for the offences punishable under Sections 191(2), 191(3), 118, 115(2), 351(2), 109 and 333 read with 190 of BNS.
6. Heard arguments of Sri Ponnavolu Sudhakar Reddy, the learned Senior Counsel representing Smt. Bugulu Sreeteja, the learned counsel for petitioners and Sri Neelothpal Ganji, the learned counsel representing on behalf of respondent-State. 3
7. Perused the record.
8. On 07.09.2024 it was Vinayaka Chaviti Festival. It was celebrated in Dekanakonda Village. Facts on record do show that among the villagers some of them are supporters of Telugu Desam Party and some of them are supporters of YSR Congress Party. The victim party in this case belonged to Telugu Desam Party. Near Ramalayam Temple they kept the idol of Lord Vinayaka. The crime incident is in two parts. The first part was on 09.09.2024 at about 6:00 P.M. The victim party were making arrangements for immersion of the idol and for that purpose they had procured a tractor and several people gathered for procession and they were making arrangements to keep the idol in the tractor and take it for procession. It was at that time men belonging to the opposite party came in a tractor and shouted at them to remove the tractor belonged to the victims party as it was obstructing the way for traffic. Though the victim party were pleading that they would complete the work within five minutes, they did not listen to it and they left their tractor there and went away from that place and thereafter within minutes scores of supporters of YSR Congress Party came and wielding sticks, rods, stones they attacked the victim party and caused injuries to 4 two persons. After that they left the place. Thereafter with the help of police the victim party proceeded further with its programme of procession of carrying the idol of Lord Vinayaka.
9. The second part of the incident took place at 6:00 A.M. on 10.09.2024. All men of YSR Congress Party once again came with stones, glass bottles, iron rods and sticks and attacked the victim party stating that on the list night they could not kill even one of them and saying so they caused injuries to four individuals. They went upon the house of Sri Kurangi Venkatesh and started destroying the furniture in it and caused injuries to him and when his family members interfered they abused them.
10. Victims went to hospital. Statement of one of the injured Sri Bellam Venkatesh was recorded by the police at the hospital and that was registered as Crime No.80 of 2024 on 10.09.2024 at 9:00 P.M. in the night.
11. During investigation of this crime it was found that 36 persons were involved in this crime incident. Nearly five individuals suffered injuries. On 13.09.2024 21 accused were arrested and were remanded to judicial custody. On 23.09.2024 5 one accused (A.36) was arrested and was remanded to judicial custody. The remaining accused are yet to be arrested.
12. The submission of the prosecution is that all the victims were treated and were discharged but their medical certificates are yet to be received so as to confirmedly say whether the injuries sustained by them are grievous or simple. During investigation statements of eight witnesses were recorded. According to prosecution, there has been law and order problem in the village and that is because of this crime incident and a police picket consisting of nine members has been still held there and the evidence collected through CC TV footage also indicate the complicity of all the accused and submits that as the investigation is not yet completed, releasing the petitioners on bail or granting anticipatory bail may create further problems of law and order.
13. The submissions of all the accused by these petitions are common and they state that it is a false case foisted out of political reasons. The fact that all the victims were discharged from hospital is a clear indication that they did not suffer any serious injuries. Excess charging is resorted to by the 6 investigation stating that there were attempts to commit murder and that is done only to keep the political opponents in prison and the facts and circumstances would show that it was not a case of any attempted murder. It is further pleaded that all the petitioners belonged to the same village and they have their own agriculture and other properties and they have been doing their own professions and occupations and there is no flight risk.
14. The serious submission of learned Senior Counsel appearing for petitioners is that there is dishonest investigation and the real facts are suppressed and the accused in this crime are really the victims and the alleged victims in Crime No.80 of 2024 are the real culprits and out of political reasons by making false record this false case is foisted. Learned Senior Counsel submits that these petitioners suffered injuries in the hands of the alleged victim party and in that regard F.I.R.No.79 of 2024 was registered at 8:30 P.M. on 10.09.2024 which was earlier to the present case in F.I.R.No.80 of 2024 and the prosecution has maintained silence in explaining these aspects to the Court and seeks granting of prayer to all the petitioners. 7
15. This Court has verified the F.I.R. in Crime No.80 of 2024 and the remand reports and the F.I.R. in Crime No.79 of 2024 which is placed on record by the petitioners.
16. Sri Marthala Chinna Ramana Reddy is the de facto complainant on whose written information F.I.R.No.79 of 2024 was registered. The said individual is arraigned as A.3 in F.I.R. No.80 of 2024. What is stated in F.I.R.No.79 of 2024 is that men belonged to both political party installed idols of Lord Vinayaka. Men belonging to Telugu Desam Party were making preparations for immersion on 09.09.2024 whereas men belonging to YSR Congress Party scheduled the immersion of Lord Vinayaka on 11.09.2024. At 5:00 P.M. on 09.09.2024 men belonged to YSR Congress Party were coming on a tractor and found that there was a crowd and a tractor belonged to Telugu Desam Party men was kept on the road and as they found it difficult to manage requested the opposite party to remove the tractor and that caused grouse for them. At about 7:00 P.M. the opposite party came and raised a dispute and they had their own plans and collected glass bottles, rods, sticks and they started taking their idol by way of procession and were firing crackers and attacked three houses of YSR Congress Party men and beat them with 8 sticks and bottles causing injuries to four individuals. Sri Marthala Chinna Ramana Reddy is one who also sustained injuries.
17. One would see from the record the same Sub-Inspector of Police registered F.I.R.No.79 of 2024 at 8:30 P.M. and registered F.I.R.No.80 of 2024 at 9:00 P.M. on the same day. Thus, by the time the latter F.I.R. was registered the Sub-Inspector was well aware of the former F.I.R. On verification of remand report of all the petitioners in Crl.P.No.6649 of 2024 who are 21 in number including Sri Marthala Chinna Ramana Reddy /A.3 one would see that there is absolutely no whisper about any incident reported to the police in F.I.R.No.79 of 2024 and the injuries sustained by anyone referred in F.I.R.No.79 of 2024. The remand report simply states that police got credible information about movement of the accused and at 6:00 P.M. on 13.09.2024 they caught all those accused and arrested them and remanded to judicial custody. According to the learned Senior Counsel appearing for the petitioners, the reason for three days delay from F.I.R. to arrest is only because the accused party were undergoing treatment and after they were discharged they were arrested and concealing that remand report was prepared. Learned Senior 9 Counsel cited Nand Lal v. The State of Chhattisgarh1. That was a case where a murder took place and after trial certain convictions were rendered and their Lordships were to consider the appeals. The principles laid down therein are matter of significance. Their Lordships were pleased to state that in such cases where there are cases and counter cases it is incumbent upon the prosecuting agency to explain to the Court in all its fairness about injuries sustained by the accused. Any suppression would give rise to serious doubt about genesis and origin of the case. Enmity between groups is a matter of motive either to say that the offence could have been committed or to say that accused were falsely implicated. Suppression of earlier F.I.R. prevents the Court from appreciating the genesis of the incident. Based on the above principles, the learned Senior Counsel contends that the present case is a classic example of such illegal endeavours on part of the investigating agency.
18. As stated earlier, the remand report of these accused who were arrested makes absolutely no mention about the other incident in F.I.R.No.79 of 2024 and the injuries sustained by some of these petitioners. Thus, it emerges that the investigating 1 2023 LiveLaw (SC) 186 10 police intended to project only one facet of the incident and not the total facts and circumstances. Since there is police picketing, the question of further law and order problem stands answered. While the merits of investigation in both the crimes are matters for judicial scrutiny by the competent Courts below at relevant time, the aspects referred above makes this Court to think that the petitioners have clearly made out a case in justification of their prayers.
19. In the result, Criminal Petition No.6649 is allowed. Petitioners/ accused Nos.1 to 7, 9, 10, 12 to 15, 18, 21 to 25, 27 and 28 shall be enlarged on bail on each executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Darsi. The petitioners shall mark their attendance before the Investigating Officer on 1st and 15th of every month between 10.00 AM and 1.00 PM till filing of the charge sheet. The petitioners shall make themselves available for investigation by a police officer as and when required. They shall not, directly or indirectly, make any inducement, threat or promise to any persons acquainted with the facts of the case to dissuade them from disclosing such facts to 11 the Court or to any police officer. They shall not indulge in similar acts of crime. The petitioners shall regularly appear before the competent Court if and when charge sheet is filed and participate in pre-trial and trial process without fail.
Criminal Petition No.6650 of 2024 is allowed. In the event of arrest of the petitioners/accused Nos.8, 16, 17, 19 and 26, they shall be enlarged on bail on each executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum each to the satisfaction of the concerned Investigating Officer. The petitioners shall mark their attendance before the Investigating Officer on 1st and 15th of every month between 10.00 AM and 1.00 PM till filing of the charge sheet. The petitioners shall make themselves available for investigation by a police officer as and when required. They shall not, directly or indirectly, make any inducement, threat or promise to any persons acquainted with the facts of the case to dissuade them from disclosing such facts to the Court or to any police officer. They shall not indulge in similar acts of crime. The petitioners shall regularly appear before the competent Court if and when charge sheet is filed and participate in pre-trial and trial process without fail.
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Criminal Petition No.6764 of 2024 is allowed.
Petitioner/A.36 shall be enlarged on bail on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Darsi. Petitioner shall mark his attendance before the Investigating Officer on 1st and 15th of every month between 10.00 AM and 1.00 PM till filing of the charge sheet. Petitioner shall make himself available for investigation by a police officer as and when required. He shall not, directly or indirectly, make any inducement, threat or promise to any persons acquainted with the facts of the case to dissuade them from disclosing such facts to the Court or to any police officer. He shall not indulge in similar acts of crime. The petitioner shall regularly appear before the competent Court if and when charge sheet is filed and participate in pre-trial and trial process without fail.
Criminal Petition No.6810 of 2024 is allowed. In the event of arrest of the petitioners/accused Nos.29 to 35, they shall be enlarged on bail on each executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum each to the satisfaction of the concerned Investigating 13 Officer. The petitioners shall mark their attendance before the Investigating Officer on 1st and 15th of every month between 10.00 AM and 1.00 PM till filing of the charge sheet. The petitioners shall make themselves available for investigation by a police officer as and when required. They shall not, directly or indirectly, make any inducement, threat or promise to any persons acquainted with the facts of the case to dissuade them from disclosing such facts to the Court or to any police officer. They shall not indulge in similar acts of crime. The petitioners shall regularly appear before the competent Court if and when charge sheet is filed and participate in pre-trial and trial process without fail.
________________________ Dr. V.R.K.KRUPA SAGAR, J Date: 14.10.2024 Ivd 14 THE HON'BLE JUSTICE Dr. V.R.K.KRUPA SAGAR CRIMINAL PETITION Nos.6649, 6650, 6764 and 6810 of 2024 Date: 14.10.2024 Ivd