Andhra Pradesh High Court - Amravati
Sake Roja vs The State Of Andhra Pradesh on 10 March, 2023
THE HON'BLE MS JUSTICE B.S.BHANUMATHI
Criminal Petition No.1587 of 2023
ORDER:
This Criminal Petition is filed by petitioner/accused under Sections 437 and 439 of the Code of Criminal Procedure, 1973 ('Cr.P.C'), seeking regular bail in Crime No.460 of 2021 of Anantapur II Town Police Station, Anantapur District, registered on 01.07.2021 for the offence punishable under Section 307, 341, 355, 384, 452, 506 r/w 34 IPC.
2. Heard Sri. J. Sravan Kumar, learned counsel for the petitioner/accused and Sri. P.M. Mithileswara Reddy, learned Assistant Public Prosecutor representing the respondent/State.
3. The case of the prosecution is briefly that on 01.07.2021, the petitioner along with her father and brother, armed with stick, sickle and knife, with intent to cause hurt, criminally trespassed and wrongly confined the complainant T. Siva Prasad, aged about 58 years, an advocate, in his office and threatened him with dire consequences that they would see his end and by putting him in fear, extorted Rs.30,000/-. It is 2 BSB, J Crl.P.No.1587 of 2023 further contended that previously several times, the accused used criminal force with intent to dishonor the defacto complainant. According to the prosecution, all the disputes arouse in connection with the defacto complainant accepting a brief of A1 to file a suit for injunction in respect of Ac.3.76 cents land but he could secure injunction only in respect of 76 cents of land and at the request of the accused, he filed CMA (Civil Miscellaneous Appeal). Before the appeal could be numbered, the same was returned and resubmitted. However, the accused grew wild and committed the offence as noted above. It is further contended that they threatened him demanding Rs.70,000/- more and if such amount is not paid, they would kill him.
4. Learned counsel for the petitioner submitted that a false case was foisted against the petitioner as she has been fighting for her rights in respect of the land and all the revenue people and police people are acting against her interest and that she is a law graduate and pursuing her studies. He further added that A2 and A3 were also granted anticipatory bail by this Court. 3
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5. Learned Assistant Public Prosecutor opposed the petition submitting that the petitioner is involved in ten other crimes, which are as follows:-
i. Crime No.104 of 2013 under Section 307 r/w 34 IPC of BK Samudram Police Station.
ii. Crime No.220 of 2014 under Section 452, 323, 384 r/w 34 IPC of Ananthapuramu Rural Police Station.
iii. Crime No.230 of 2017 under Section 324, 509 r/w 34 IPC of Ananthapuramu IV Town Police Station.
iv. Crime No.235 of 2017 under Section 354(B), 323, 427, 506 r/w 34 IPC of Ananthapuramu Rural Police Station.
v. Crime No.343 of 2020 under Section 160 IPC of Ananthapuramu II Town Police Station. vi. Crime No.411 of 2020 under Section 353, 506 r/w 34 IPC of Uravakonda Police Station. vii. Crime No.412 of 2020 under Section 353, 506, 509 r/w 34 IPC of Uravakonda Police Station. viii. Crime No.460 of 2021 under Section 307, 341, 355, 384, 452, 506 r/w 34 IPC of Ananthapuramu II Town Police Station. 4
BSB, J Crl.P.No.1587 of 2023 ix. Crime No.14 of 2023 under Section 186, 228, 353, 506 IPC of Ananthapuramu II Town Police Station.
x. Crime No.19 of 2023 under Section 353, 506 IPC of Ananthapuramu II Town Police Station.
6. He further submitted that the petitioner lodged as many criminal complaints as 18, against several private persons as well as officials and the details are as follows:-
S.No Name of the P.S. Crime No. Section of Law .
Ananthapuramu Rural Police 1 13 of 2012 417, 420 IPC Station 354, 506 r/w 34 B.K. Samudram Police IPC & Sec.3(i)(x) 2 195 of 2012 Station of SC/ST (POA) Act 506 IPC & Ananthapuramu IV Town 3 102 of 2016 Sec.3(i)(s) of Police Station SC/ST (POA) Act 354(D), 355, 506 Ananthapuramu IV Town r/w 34 IPC & Sec 4 59 of 2017 Police Station 3(i)(v)(x) of SC/ST (POA) Act Ananthapuramu Rural Police Station transferred to 355, 506 r/w 34 5 234 of 2017 Ananthapuramu IV Town IPC Police Station 5 BSB, J Crl.P.No.1587 of 2023 Ananthapuramu IV Town 323, 509 r/w 34 6 228 of 2017 Police Station IPC 323, 506, 355 r/w Ananthapuramu Rural Police 34 IPC & 7 253 of 2017 Station Sec.3(i)(r)(s) of SC/ST (POA) Act Ananthapuramu III Town 8 131 of 2018 354, 509 IPC Police Station 323, 354, 506 r/w 34 IPC & Ananthapuramu II Town 9 82 of 2019 Sec.3(1)(r)(s)(x) Police Station of SC/ST (POA) Act 354 IPC & Ananthapuramu II Town Sec.3(1)(r)(s) & 10 192 of 2019 Police Station Sec.3(1)(s) of SC/ST (POA) Act 11 Uravakonda Police Station 23 of 2020 506 IPC 143, 324, 355, 12 Uravakonda Police Station 122 of 2020 506 r/w 34 IPC 143, 448, 324, 506 r/w 34 IPC & 13 Uravakonda Police Station 152 of 2020 Sec.3(1)(r)(s) of SC/ST (POA) Act 190, 189, 187, 203, 509 r/w 34 14 Uravakonda Police Station 362 of 2020 IPC & Sec.3(1)(r)(s) of SC/ST (POA) Act 303, 506, 355 r/w 15 Uravakonda Police Station 413 of 2020 34 IPC & Sec.3(1)(r)(s) of SC/ST (POA) Act 6 BSB, J Crl.P.No.1587 of 2023 354, 355, 506, Ananthapuramu II Town 509 IPC & Sec. 16 78 of 2021 Police Station 3(1)(r)(s) SC/ST (POA) Act 195-A, 354, 355, 323 r/w 34 IPC & Ananthapuramu II Town 17 125 of 2022 Sec.3(1)(w), Police Station 3(1)(r)(s) of SC/ST (POA) Act 354, 307, 166, Ananthapuramu II Town 355, 506, 509 IPC 18 253 of 2022 Police Station & Sec.156(3) Cr.P.C.
7. He further submitted that in the event of grant of bail to her, she would tamper the evidence and meddle with the investigation which is not yet completed.
8. Perused the record.
9. Since the investigation is not yet completed and the details given by the learned Assistant Public Prosecutor would provide substance in support of his argument, it is not a case fit to grant bail to the petitioner at this juncture.
10. In the result, the Criminal Petition is dismissed. No costs.
Pending miscellaneous applications, if any, shall stand closed.
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11. Learned counsel for the petitioner seeks permission of this Court to withdraw the petition with a liberty to move application before the Trial Court.
12. Since the order has already been pronounced, this Court is not inclined to accord permission to the petitioner to withdrawn this petition. However, the petitioner is at liberty to move an application as requested. On such presentation of the petition, the same shall be disposed of without being influenced by any observations in this order.
___________________ B.S.BHANUMATHI, J Date:10-03-2023 GSP 8 BSB, J Crl.P.No.1587 of 2023 67 THE HON'BLE Ms. JUSTICE B S BHANUMATHI CRL. P.No. 1587 of 2023 10.03.2023 GSP