Andhra Pradesh High Court - Amravati
Sadhu Pramodh Matti Matthi Sadhu ... vs The State Of Andhra Pradesh on 7 December, 2021
Author: D Ramesh
Bench: D Ramesh
TUESDAY, THE SEVENTH DAY OF DECEMBER -~ /'
TWO THOUSAND AND TWENTY ONE i ax
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: PRESENT: CPEs Sf:
THE HONOURABLE SRI JUSTICE D RAMESH ee
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CRIMINAL PETITION NO: 6902 OF 2021
Between:
1.
'
Sadhu Pramodh Matti @ Matthi Sadhu Pramodh Kumar, S/o. Late Devadas,
Aged 44 years, Occ. Business, R/o. 15/237-1A, Anandapet Machavaram,
Machilipatnam, Krishna District. (A.1)
Sudhakar @ Mannem Sudhakar, S/o. Nagendarao, Aged 44 years, Occ . Private
Employees, R/o. 11/28, Sudabattula Veedhi, Chemmanagiri Peta,
Machilipatnam, Krishna District. (A.2)
Nasif @Mahammed Nasif, S/o Shakheel Aged about 26, Occ. Private Employee,
R/o4-613, Azad Road, Machilipatnam, Krishna District. (A.3)
Dwarakanadh @ Dwarakinath Pedasingu, S/o Sarwabhoumarao, Aged about 45,
Occ. Business, R/o 31/116, Rajaratnam Puram, Bandara Kota, Machilipatnam,
Krishna District. (A.4)
_a Petitioners/Accused A-1 to A-4
AND
The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court at
Amaravati Through S. H.O, Chilakalapudi, Krishna District.
.... Respondent
Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in
the grounds filed the Criminal Petition, the High Court may be pleased to grant
anticipatory bail to the petitioners/accused No 1 to 4 in the event of arrest in Crime No.
No. 400/2021 on the file of Chilakalapudi Police Station, Krishna District, dt. 14-11-2021
pending investigation and trial.
The petition coming on for hearing, upon perusing the Petition and the grounds
filed in support thereof and upon hearing the arguments of Sri Challa Ajay Kumar
Advocate for the Petitioners and of Public Prosecutor for the Respondent, the Court
made the following.
ORDER:
THE HONOURABLE SRI JUSTICE D.RAMESH CRIMINAL PETITION No.6902 of 2021 ORDER:
This petition is filed under Sections 438 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking anticipatory bail to the petitioners/Accused 1 to 4 in connection with Crime No.400 of 2021 of Chilakalapudi Police Station, Krishna District, wherein the petitioners are alleged to have committed the offences punishable under Sections 307, 498-A, 448, 323 r/w 34 IPC, of the Indian Penal Code, 1860 (for short "IPC") and Section 3(2)(Va) SC & ST Act.
2. A report was lodged on 14.11.2021 by the defacto complainant stating that her marriage was performed with Al in the year 2013 and lead her marital life happily. Since two years her husband accustomed bad vices and harassed her both mentally and physically. Al has given the Gas Company activities to his friends. On 10.11.2021, the accused criminally trespassed into her house and asked her to sign on empty stamp papers, for which the defacto complainant refused, for which the accused are put her hand tightly, her husband tied chunni on her neck with an intention to kill her. The accused 2 to 4 abused her by touching her caste name. Basing on the complaint, the above crime was registered.
3. Heard learned counsel for petitioners and learned Assistant Public Prosecutor for respondent-State.
4. Learned counsel for the petitioners submits that the petitioners are the Accused 1 to 4 'in the above crime. There arose disputes between the defacto complainant and the 1st accused on 14.11.2021 with regard to M/s Vijetha Gas Agency. Therefore, the defacto complainant submitted a complaint on 01.11.2021 to the To, koONn> 2 Superintendent of Police, Machilipatnam and same was forwarded to Spandana programme on 02.12.2021. Subsequently, 1st petitioner/ Accused has also filed a suit in O.S.No. 490 of 2021 on the file of the Court of the Junior Civil Judge, Machilipatnam and injunction is also granted in his favour. In circumventing the same, the present complaint is filed by the defacto complainant against the accused as a counter blast. Hence, their case may be considered for grant of bail.
5. Learned Assistant Public Prosecutor submits that the allegations made in the complaint is serious in nature and hence requested to dismiss the application.
6. Considering the submissions made by the learned counsel for the petitioners; learned Assistant Public Prosecutor for the State and on perusal of the complaint dated 14.11.2021 submitted to the Superintendent of Police, Machilipatnam and also suit in O.S.No. 490 of 2021 on the of the Court of the Junior Civil Judge, Machilipatnam filed by the 1st petitioner/ accused, this Court prima facie satisfied to grant anticipatory bail to the petitioners/ accused.
7. In the result, the criminal petition is allowed in the event of arrest of the petitioners/Accused 1 to 4, they shall be enlarged on bail in connection with Crime No.400 of 2021 of Chilakalapudi Police Station, Krishna District, on their executing self bond for a sum of Rs.20,000/- (Rupees twenty thousand only) each with two sureties for a likesum each to the satisfaction of the Station House Officer of Chilakalapudi Police Station, Krishna District.
. sp/- U.Sri Devi TRUE COPY!// ASSISTAWT RE Fo < < SECTIO The Station House Officer, Chilakalapudi Police Static... wre ICT One CC to Sri. Challa Ajay Kumar Advocate [OPUC] Two CC's to Public Prosecutor, High Court of AP, Amaravati[OUT] One spare copy HIGH COURT DRJ DATED:07/12/2021 ORDER CRLP.No.6902 of 2021 ALLOWED a"
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