Andhra Pradesh High Court - Amravati
Duggempudi Janaki Ramaiah vs State Of Ap on 24 February, 2021
[ 3240 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAYATI 0 | | WEDNESDAY, THE TWENTY FOURTH DAY OF FEBRUARY, TWO THOUSAND AND TWENTY ONE :PRESENT: ! THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI ~ CRIMINAL PETITION NO: 981 OF 2021 -- Between: Duggempudi Janaki Ramaiah, S/o Venkateswarlu, aged about 56 years, Kolaguntla Village, Durgi Mandal, Guntur District. ~ 7 . ...Petitioner/Accused -* 2-- AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi. . Respondent/Complainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in 'the memorandum of grounds of Criminal Petition, the High Court may be pleased to enlarge the petitioner on Anticipatory Bail in the event of his arrest in Crime pertaining to FIR No.01/2021 on the file of the Durgi Police Station, Macherla, Guntur District. é The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds of criminal petition and upon hearing the arguments of Sri N.Subba Rao, Advocate for the Petitioner and Public Prosecutor for the Respondent, the Court made the following. ORDER:
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI | CRIMINAL PETITION NO. 981 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/A32 in the event of his arrest in connection with Crime No.1 of 2021 of Durgi Police Station, Guntur District registered for the offences punishable under Sections 307, 147 and 148 read with 149 of the Indian Penal Code, 1860. -
2. The case of prosecution is that a complaint was lodged on 01.01.2021, stating that in the month of December, 2014, some clashes took place between the group of LW1 and the group of Al. During the incident, the group of Al killed the brother-in-law of LW1 namely Gudipati Venkata Ramaiah, which was the subject matter of Crime No.201 of 2014 registered for the offences under Section 147, 148, 322 506 read with 149 IPC of Durgi Police Station. Since then, they are continuing enmity ensue between them. While so, on the intervening night of 31/01.01.2021 at 00.30 hours, the accused formed into unlawful assembly with _ their common object, having deadly weapons like axes and stout sticks with a view to execute their plan to clear their hurdle by keeping in the minds of their previous enmity, approached LWs2 to 4, while they were celebrating New Year festival along with children by firing crackers, and attacked upon them with deadly weapons. On coming to know the same, LW1 rushed to Boddurai centre where the incident took place, intervened to pacify the matter, but Al uttered the words "Neevu Endira Madhylo Vachi Matledi Neevu Maku Cheepedi Endi, Ee Naa_ kodukuni
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'wr Narakandira". A2 and A3 inflicted injuries on the de facto complainant and A4 caused injuries to LW5 with axe on his left foot palm, left side of the head and right elbow. A15 thrashed with natu karralu on LW16 on her right side ear and left side thigh and caused inflicted injuries. The other accused assaulted them with hands and kicked with legs. All the injured persons were shifted to Government Hospital for treatment. Basing on the said complaint, initially crime was registered against Al to A28 but subsequently basing upon 161 Cr.P.C. statements of LWs13 and 14 and confessional statement of Al the petitioner herein is arrayed as A382.
3. Heard Sri N.Subba Rao, learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent- State.
4. Learned counsel for the petitioner submits that initially the crime was registered wherein 28 persons were arrayed as accused and the name of the petitioner does not find place in that but subsequently basing on 161 Cr.P.C. statements made by LW13, LW14 and confessional statement of Al the petitioner has been arrayed as A32. Learned counsel for the petitioner has drawn the attention of this Court to 161 statements of LWs 13 and 14 wherein as far as the petitioner is concerned it is stated that the complainant belongs to Y.S.R.C.P. and the accused belong to another political party. It is stated that about three days ago the petitioner along with others conspired together and hatched a plan to do away with the life of Uribandi Yogayya. Except the said allegation there are no other allegations against the petitioner. Learned counsel for the petitioner further submits that the version 3 of LWs13 and 14 as narrated in 161 statements is contrary to what was stated by LW1 who is de facto complainant. He submits that this is improvised version of LW1's statement and the petitioner has been false implicated in 'the case due to political reasons. Hence, the case of the petitioner for pre-arrest bail may be considered.
5. Learned Additional Public Prosecutor on the other hand submits that investigation is pending. Basing on 161 Cr.P.C, statements of LWs13 and 14 and confession statement of Al the petitioner is arrayed as A32 and there would be law and order problem in the village if the petitioner is granted bail. Hence, the petitioner may not be granted pre-arrest.
6. A perusal of the complaint evinces the fact that as per the complaint of LW1 there is no allegation against the petitioner and initially he was not arrayed as accused. But basing on 161 Cr.P.C. statements of LWs13 and 14 which are contrary to what has been narrated by the complainant the name of the petitioner is added as A32. It strengthens the arguments of learned counsel for the petitioner that for political reasons only the petitioner is falsely implicated in this case.
7. Taking into consideration the fact that there are no specific overt acts against the petitioner in the complaint and even in the statements of witnesses there are no grave allegations against the petitioner, this Court deems it appropriate to grant pre-arrest bail to the petitioner.
8. Accordingly, this Criminal Petition is allowed. The petitioner/A32 shall be released on bail in the event of his arrest in connection with Crime No.1 of 2021 of Durgi Police Station, ml Guntur District on condition of executing self bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a likesum each to the satisfaction of the Station House Officer, Durgi Police Station, Guntur District.
Consequently, miscellaneous applications pending, if any, shall stand closed.
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nares Sd/- A. Surya Prakasa Rao DEPUTY JE R --
ITTRUE COPY// SECTION OFFICER For -- _ To, ae
1. The Station House Officer, Durgi Police Station, Macherla, Guntur District.
2. One CC to Sri. N.Subba Rao, Advocate [OPUC] oo /
3. Two CCs to Public Prosecutor, High Court of AP [OUT] |
4. One spare copy MM , HIGH COURT 'LKJ DATED:24/02/2021 ORDER CRLP.No.981 of 2021 ALLOWED