Andhra Pradesh High Court - Amravati
Gumma Pullaiah vs The State Of Andhra Pradesh. on 24 February, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO: 974 OF 2021 Between: 1. 2. Gumma Pullaiah, S/o. Subba Ramaiah, aged about 41 years, Caste Yadava, R/o. Jamgamaheswarapadu Village, Durgi Mandal, Guntur District.(A1) Gumma Venkateswarulu @ Nallaiah, S/o. Pedda Bhasavaiah, Aged about 36 years, Caste: Yadava, R/o. Jamgamaheswarapadu Village, Durgi Mandal, Guntur District. (A3) Tanguturi Kondalu @ Yedu Kondalu., S/o. Sowry, aged about 28 years, Caste Yadava, R/o. Jamgamaheswarapadu Village, Durgi Mandal, Guntur District. Durgi Mandal, Guntur District. (A5) Tanguturi Bramaiah, S/o. Chinna Venkateswarlu @ Yerraiah Aged about 28 years, Caste: Yadava, R/o. Jamgamaheswarapadu Village, Durgi Mandal, Guntur District. (A13) Gumma Venkateswarlu @ Bujji, S/o. Peda Venkataiah, aged about 38 years, Caste Yadava, R/o. Jamgamaheswarapadu Village, Durgi Mandal, Guntur District. (A25) Tanguturi Buchaiah, S/o. Chinna Mallaiah, Aged about 37 years, Caste: Yadava. Rio. Jamgamaheswarapadu Village. (A28) Gumma Raman @ Ramudu, S/o. Pullaiah, aged about 20 years, Caste: Yadava, R/o. Jamgamaheswarapadu Village, Durgi Mandal, Guntur District. (A30) ...Petitioners/Accused AND The State of Andhra Pradesh, (SHO, Durgi Police Station) Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...Respondent/Complainant Petition under Sections 437 & 439 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in Criminal Petition, the High Court may be pleased to enlarge the petitioners | Accused Nos. Al, A3, AS A13. A25. A28. A30 on bail in connection with Crime No. 01/2021 of Durgi Police Station. Guntur District. The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri Venkateswarlu Posani, Advocate for the Petitioners and of Public Prosecutor for the Respondent, the Court made the following. ORDER
HONOURABLE SMT. JUSTICE LALITHA KANNEGANTI Criminal Petition No.974 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 petitioners/A.1, A.3, A.5, A.13, A.25, A.28, A.30 in connection with Crime No.1 of 2021 of Durgi Police Station, Guntur District, registered for the offences punishable under Sections 307, 147, 148 read with 149 of the Indian Penal Code, 1860 (for short "IPC").
2. A complaint is lodged on 01.01.2021, stating that in the month of December, 2014, there were clashes occurred in between the group of LW.1 and the group of A.1. During the incident, the group of A.1 killed the brother-in-law of LW.1 namely Gudipati Venkata Ramaiah, which was the subject matter of Crime No.201 of 2014 registered for the offences under Section 147, 148, 322 506 read with 149 IPC of Durgi Police Station. Since then, they are continuing enmity ensued in between them. While so, on the intervening night of 31/01.01.2021 at 00.30 hours, A.1 to A.30 formed into unlawful assembly with the common object, having deadly weapons like axes and stout sticks with a view to execute their plan to clear their hurdle by keeping in mind their previous enmity, approached LWs.2 to 4, while they were celebrating New Year festival along with children by firing crackers, attacked them with deadly weapons. On coming to know the same, LW.1 rushed to Boddurai centre where the incident took place, a 2 LK, J CRLP.No.974 of 2021 intervened to pacify the matter, but A.1 uttered the words "Neevu Endira Madhylo Vachi Matledi Neevu Maku Cheepedi Endi, Ee Naa kodukuni Narakandira". A.2 and A.3 inflicted injuries on the de facto complainant and A.4 caused injuries to LW.5 with axe on his left foot, left side of the head and right elbow. A.15 thrashed with sticks on LW.16 on her right side ear and left side thigh and inflicted injuries. The other accused assaulted them with hands and kicked with legs. All the injured persons were shifted to Government Hospital for treatment. Basing on the said complaint, the present crime is registered. The petitioners/A.1, A.3, A.5, A.13, A.25, A.28 and A.30 were arrested on 04.01.2021 and remanded to judicial custody.
3. Heard Sri Posani Venkateswarlu, learned counsel for the petitioners and the learned Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioners submits that the petitioners have not committed any offence, much less the alleged offences. He submits that even if the allegations in the complaint are taken on its face value, they do not attract the offences as alleged. He further submits that even as per the complaint, there are specific overt acts only against A.1, A.2, A.4 and A.16and no specific overt acts attributed to the other accused. It is submitted that in view of panchayat elections and due to political rivalry, the present case is foisted against the petitioners and they were sent to jail. He further submits that the father of the ¢ "-~*.complainant was unanimously oN 3 LK, J CRLP.No.974 of 2021 declared as Sarpanch of the village, more so, the de facto complainant is a rowdy sheeter, which clearly shows that the petitioners were falsely implicated in the case. Initially, the case was registered against only 28 persons and later six persons were added in the case and all these persons are implicated in the case due to political reasons. He submits that the injuries sustained by the complainant and others are simple in nature and that the petitioners are languishing in jail for the last two months and hence, their case may be considered for grant of bail.
5. On the other hand, learned Public Prosecutor submits that there is a law and order problem in the village, in view of the disputes between the rival groups. He submits that the investigation is in progress and 14 witnesses were examined. He submits that there are specific overt acts against A.1, A.2, A.4 and A.16 and the police are awaiting for wound certificate and unless such wound certificate is received, it cannot be said that the injuries sustained by the de facto complainant and others are simple in nature. He further submits that if the petitioners are enlarged on bail, there may be a law and order issues in the village, as such, at this stage, the petitioners may not be enlarged on bail.
6. Having regard to the facts and circumstances of the case and taking into consideration the submissions of the learned counsel and the learned Public Prosecutor and on perusal of the record, it appears that there are pbecific overt acts against the To, <= "
DWNOARWN> 4 . LK, J nT of 2021 1st petitioner/A.1. As rightly contended by the learned counsel for the petitioners, there are no specific overt acts against the other petitioners/accused, in view of the fact that the petitioners are languishing in jail since 04.01.2021, this court deems it appropriate to grant bail to the petitioners 2 to 7/A.3, A.5, A.13, A.25, A.28 and A.30.
7. However, as there are specific overt acts against the 1st petitioner/A.1 and as rightly contended by the learned Public Prosecutor that unless the wound certificate is received, it cannot be said that the injuries sustained by the de facto complainant and others are simple in nature, this court is not inclined to grant bail to the 1st petitioner/A.1.
8. Accordingly, the Criminal Petition is partly allowed. The petitioners/A.3, A.5, A.13, A.25, A.28 and A.30 shall be enlarged on bail on their executing personal bond for Rs.20,000/- (Rupees twenty thousand only) each with two sureties for a like sum each to the satisfaction of the Junior Civil Judge/Judicial Magistrate of First Class, Macherla, Guntur District.
9.. As far as the 1* petitioner/A.1 is concerned, it is made clear that as and when the wound certificate is received, the 15 petitioner/A.1 is at liberty to move appropriate application seeking regular bail.
| Sd/-E.KameswaraRao ASSISTA REGISTRAR TRUE COPY/! _ SECTION/OFFICER The X Addl. Sessions Judge, Gurazala, Guntur District.
The Junior Civil Judge/ Judicial Magistrate of First Class, Macherla, Guntur District. The Superintendent, Sub-Jail, Gurazala, Guntur District.
The Station House Officer, Durgi Police Station, Guntur District.
One CC to Sri. Venkateswarlu Posani, Advocate [OPUC] Two CCs to Public Prosecutor, High Court of AP [OUT] One spare copy.
/ HIGH COURT LK,J DATED:24/02/2021 ORDER CRLP.No.974 of 2021 DIRECTION