Andhra Pradesh High Court - Amravati
Sirigireddy Yerra Gurrappagari ... vs The State Of Andhra Pradesh, on 12 February, 2021
' IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO: 412 OF 2021 Between: 1. Sirigireddy Yerra Gurrappagari Maheswara Reddy, S/o. Chandrasekhar Reddy, aged about 39 years, R/o. Payasampalli Village, Veerapunayunipalli Mandal, YSR Kadapa District. 2. Sirigireddy Yogeswara Reddy, S/o. Ramasubba Reddy, aged about 34 years, R/o. Payasampalli Village, Veerapunayunipalli Mandal, YSR Kadapa District. 3. Sirigireddy Yerra Gurrappagari Rama Chandra Reddy, S/o. Pulla Reddy, aged about 52 years, R/o. Payasampalli Village, Veerapunayunipalli Mandal, YSR Kadapa District. 4. Sirigireddy Yerra Gurrapagari Sivarami Reddy @ Sivudu, S/o. Late Narayana Reddy, aged about 53 years, R/o. Payasampalli. Village, Veerapunayunipalli Mandal, YSR Kadapa District. 5. Bandi Sunil Kumar Reddy, S/o. Chinna Sai Baba Reddy, aged about 26 years, R/o. Payasampalli Village, Veerapunayunipalli Mandal, YSR Kadapa District. 6. Kancharla Someswara Reddy, S/o. Venkata Rami Reddy, aged about 36 years, R/o. Payasampalli Village, Veerapunayunipalli Mandal, YSR Kadapa District. 7. Sirigireddy Yerra Gurrappagari Suresh Kumar Reddy, S/o. Veera Reddy, aged about 44 years, R/o. Payasampaili Village, Veerapunayunipalli Mandal, YSR Kadapa District. 8. Bandy Chinna Saibaba Reddy, S/o. Late Pedda Subbi Reddy, aged about 51 years, R/o. Payasampalli Village, Veerapunayunipalli Mandal, YSR Kadapa District. ...Petitioner/Accused No.1 to 8 AND The State of Andhra Pradesh, 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 release the petitioners / Accused No. 1 to 8 on bail, in Crime No. 1 / 2021, on the file of G.R. Pally Police Station, YSR Kadapa 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 V Roopesh Kumar Reddy, Advocate for the Petitioners and of Public Prosecutor for the Respondent, the Court made the following. ORCER HONOURABLE SMT. JUSTICE LALITHA KANNEGANTI Criminal Petition No.412 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 to A.8 in connection with Crime No.1 of 2021 of G.R. Pally Police Station, YSR Kadapa District, registered for the offences punishable under Sections 148, 324, 307 read with Section 149 of the Indian Penal Code, 1860 (for short "IPC") and Section 27 (2), 20 read with Section 30 of the Arms Act.
2. A complaint is lodged by the de facto complainant, stating that on 31.12.2020 night at 11.03 PM one Nimmakayala Sudhakar Reddy, who is leader of YSRCP in Payasampalli, posted New Year 2021 greetings wishes in Payasampali village in "Team of in Payasampalli' in Whatsapp group by his photo post and in reply the 1st petitioner, who is group member of the said group, posted that they have to celebrate Ugadi festival instead of New year as they are Indians and not Britishers. It is alleged that on 01.01.2021 morning at about 11.45 AM when all the petitioners were present at the house of 9t petitioner-A.9 in the meantime, Nimmakayala Sudhakar Reddy and his son-in-law and their followers came out from the house of Sudhakar Reddy started abusing them and planning to attack them by hurling stones and on noticing the same, petitioners 1 to 3, 5 and 7 armed with hunting sickles and petitioners 4, 6 and 8 armed with iron rods with intent to end the lives of Nimmakayala a nomeranmsiely 2 LK, J CRLP.No.442 of 2021 Sudhakar Reddy and his followers, hacked with hunting sickle at the back side of his head and caused bleeding injury to the de facto complainant. A.2 hacked him with hunting sickle on his right side of his forehead and caused severe bleeding injury to de facto complainant, A.3 hacked Rama Reddy Venkata Ram Reddy with hunting sickle over his head and that A.1 to A.8& Started rolling stones on them and with iron rod and hurled stones and caused bleeding injuries and later, LWs.1 to 4 were shifted to Government Hospital for treatment, Basing on the Said complaint, the present crime is registered,
3. Heard Sri V. Roopesh Kumar Reddy, learned counsel for the petitioners and the learned Public Prosecutor for the respondent- State.
4. Learned counsel for the petitioners submits that in view of disputes between the two groups, the petitioners have been falsely implicated in the case. He points out that the Remand Report reveals that there isa dispute between the parties with regard to posting of messages in Whatsapp group. He further submits that the petitioners were arrested on 02.01.2021 and they are languishing in jail, as such, their case may be considered for grant of bail.
5. On the other hand, learned Public Prosecutor submits that only nine witnesses are examined and the investigation is completed.
6. Taking into consideration the fact that the entire investigation is completed and_.the petitioners are languishing in Spence 3 LK, J CRLP.No.412 of 2021 jail since the date of arrest, this court deems it appropriate to grant bail to the petitioners.
7. Accordingly, the Criminal Petition is allowed. The petitioners/A.1 to A.8 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 Judicial Magistrate of First Class, Kamalapuram, YSR Kadapa District. On such release, the petitioners shall appear before the Station House Officer, G.R. Pally Police Station, YSR Kadapa District, once in a month till the charge sheet is filed.
Sd/- M. SURYANADHA REDDY ASSISTANT REGISTR TRUE COPY// y SECTION To, The II Addl. District & Sessions Judge, Proddutur, YSR Kadapa District. The Judicial Magistrate of First Class, Kamalapuram, YSR Kadapa District. The Superintendent, Sub Jail, Kamalapuram, Kadapa District. The Station House Officer, G.R. Pally Police Station, YSR Kadapa District. One CC to Sri. V Roopesh Kumar Reddy, Advocate [OPUC] Two CCs to Public Prosecutor, High Court of AP [OUT] One spare copy.
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DWNAOM HIGH COURT LK,J DATED:1 2102/2021 ORDER CRLP.No.412 of 2021 DIRECTION 15 FEB one"