Andhra Pradesh High Court - Amravati
Vallepu Srinu vs The State Of Andhra Pradesh, on 27 September, 2021
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION NO.5273 OF 2021
ORDER:-
This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest bail to the petitioner/A13 in the event of his arrest in connection with Crime No. 120 of 2019 of Edlapadu Police Station, Guntur District, registered for the offences punishable under Sections 147, 148, 324, 307 and 506 read with 149 of the Indian Penal Code, 1860.
2. The case of prosecution is that a report was lodged alleging that while the complainant and others were celebrating first birthday party of one of their relative's son and while they were firing crackers, A1 and A2 came out and created lot nuisance by using un-parliamentary language. Though the complainant and others stopped firing crackers, all the accused intentionally threw stones against the complainant and others due to which they received bleeding injuries and A1 stabbed complainant with a knife on his left shoulder. Basing on the said report, the present crime is registered in which the petitioner is arrayed as A13.
3. Heard Sri N.Srihari, learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioner submits that the petitioner is a student and due to earlier disputes petitioner was falsely implicated in the crime. He submits that there are no specific overt acts attributed against the petitioner and 2 investigation is completed, as such the petitioner's case may be considered for grant of pre-arrest bail.
5. On the other hand, learned Assistant Public Prosecutor submits that this crime is of the year 2019 and all other accused were arrested. He submits that the petitioner is absconding, as such he is not entitled for grant of pre-arrest bail.
6. Taking into consideration, the fact that petitioner is absconding, this Court is not inclined to grant pre-arrest bail to the petitioner. However, the petitioner can surrender before the concerned jurisdictional Court and move an appropriate application seeking bail. On such surrender, the application moved by the petitioner shall be considered as expeditiously as possible, in accordance with law.
7. Accordingly, this Criminal Petition is disposed of.
Consequently, miscellaneous applications pending, if any, shall stand closed.
____________________________ LALITHA KANNEGANTI, J Date :27.09.2021 IKN 3 THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI Disposed of CRIMINAL PETITION No.5273 of 2021 27.09.2021 ikn