Andhra Pradesh High Court - Amravati
Mullapudi Bapiraju vs The State Of Andhra Pradesh on 17 October, 2022
Author: K Sreenivasa Reddy
Bench: K Sreenivasa Reddy
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV
MONDAY, THE SEVENTEENTH DAY OF OCTOBER
TWO THOUSAND /AND TWENTY TWO
PRESENT:
THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
CRIMINAL PETITION NO: 8072 OF 2022 ~
Between:
Mullapudi Bapiraju, S/o. Venkata Ratnam, Aged 46 Years, Occ. Ex Z.P.
Chairman, Nallajarla Village & Mandal, West Godavari District.
Fs ..Petitioner/Accused ~
: "AND
The State of Andhra Pradesh', {SHO Tadepalligudem Police Station)
Rep. by it's Public Prosecutor,' High Court of Andhra Pradesh.
Amaravati.
. .Respondent
Petition under Section 438 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 direct the respondent police to enlarge the petitioner /
Accused on bail in the event of his. arrest in connection with Crime No.254 of
2022 of Tadepalligudem Town Police Station, West Godavari District.
The petition coming on for nosing upon perusing the Petition and the
memorandum of grounds filed in ' Support thereof and upon hearing the
arguments of Sri K M Krishna Reddy; Advocate for the Petitioner and of Asst.
Public Prosecutor for the Respondent, the Court made the following;
ORDER:ey 7 THE HON'BLE SRI JUSTICE K. SREENIVASA REDDY CRIMINAL PETITION NO.8072 OF 2022 ORDER:-
The Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed on behalf of the petitioner/accused to grant anticipatory bail in connection with Crime No.254 of 2022 of Tadepalligudem Town Police Station, West Godavari District.
2) A case has been registered against the petitioner for the offences punishable under Sections 505(2), 504, 509 I.P.C.
3) The facts of the case are that, on 04.10.2022 at about 8.00 a.m. Amaravathi Raithula Padayatra started from Venkatramanna-
gudem village of Tadepalligudem Mandal and it ended at about 6.00 p.m. on the same day. The accused, who participated in the said Padayatra, abused Sri Kottu Satyanarayana, Deputy Chief Minister of Andhra Pradesh and Endowment Minister in filthy language and insulted him with intent to give provocation to different groups and communities to break the breach of the peace and the accused also insulted the woman activists of YSR Congress party by abusing them in filthy language.
4) Learned counsei for the petitioner submitted that out of the said offences, Section 504 and 509 IPC are bailable in nature. The only non bailable offence is Section 505 IPC. He further submitted that the petitioner is ready to co-operate with investigation and hence he prays to consider the case of petitioner for pre-arrest bail.
5) Learned Assistant Public Prosecutor opposed the anticipatory bail application on the ground that investigation is pending in the subject case.
6) Perused the record.
7) A perusal of the record goes to show that the present case and case in crime No.257 of 2022 of Tadepalli Rural police station arise out of the speech, allegedly delivered by the petitioner/accused. The allegations in both the reports are one and same in verbatim and both relate to the same incident. The accusation that has been levelled against the petitioner/accused would come within the purview of the offence under Section 505 IPC or not, has to be examined. In view of the facts and circumstances of the case, this Court feels that it is a fit case to grant anticipatory bail to the petitioner.
To,
--_ DhRwh
8) Accordingly, in the event of his arrest, petitioner/accused shall be released on bail on executing a personal bond a sum of Rs.10,000/- (Rupees ten thousand only), with two sureties each for the like sum to the satisfaction of the arresting police officials and also on condition that the petitioner shall make himself available for investigation as and when required and that he shall not cause any threat, inducement or promise to the prosecution witnesses.
9) Accordingly, the Criminal Petition is allowed.
Consequently, miscellaneous applications pending, if any, shall stand closed.
Sdi- K. J. RAJA BABU ASSISTANT REGISTR ITRUE COPYI! | re SECTION OFFICER The Station House Officer, Tadepalligudem Police Station, West Godavari District. ant o One CC to Sri. K M Krishna Reddy, Advocate [OPUC] Two CCs to Public Prosecutor, High Court of AP [OUT] -
One spare copy. a HIGH COURT SRK,J DATED:17/10/2022 ORDER CRLP.No.8072 of 2022 ALLOWED