Andhra Pradesh High Court - Amravati
Addanki John David vs The State Of Andhra Pradesh on 1 April, 2024
iN THE HIGH COURT OF ANDHRA PRADESH AT a. By
(SPECIAL ORIGINAL JURISDICTION} .
MONDAY, THE FIRST DAY OF APRIL
TWO THOUSAND AND TWENTY FOUR
'PRESENT:
THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO ¥ SS
CRIMINAL PETITION NO: 779 OF 2024 'SS
Between:
1. Addanki John David, Sfo Rai Kumar, SC / Madi ga, Aged 17 years, Student,
Rio Goodmanpet, O.No.1-56-1, Gudivada, Krishna Olstrict
2, Addanki Nazareth, S/o Raj Kumar, SC/Madiga, Aged 15 years, Student, Ria.
Gosdmanpet, C.No.1-S6-1, Gudivada, Krishna District.
Addanki Kristian Pall, Svo | Raj Kumaer,SO / Madiga, Aged 18 years, Student,
Rio Gaoodmanpet, D.No.1-58-1, Gudivada, Krishna Distrinf.
(Patitioners 1 to 3 being minors, Rep.by their mother Addanki Santhi,
Wio Raj Kumar, Aged about 40 yrs, Occ House Wile, Rio Goodmanpet,
D.No.1-56-1, Gudivada, Krishna District)
Cit
» Patiionars/Accused No.g3
AND ,
1. The State Of Andhra Pradesh, Rep. by Police, Gudivada ff Town Pollee
Station, Mrishna Oistrict,
« MeBSpancdeant
2. Katupalli, Sukanya, Wo, James, Caste -Madiga, Aged sbout 39 Years, Occ
sweeper, D.No- 3-5, S.N. Puram, Gudivada, Krishna Cistrict
. Defacta-Compiainant/ Respondent No.2
Petition under Section 438 of CrP. praying that in the clroumstanoes stated
in the affidavit fled in support of the Criminal Petition, the High Court may be
pisased fo enlarge the Petitioners on Bail in the event of their arrest in E.R. Nos .
of 20223 an the file of Gudivada 1 Town Police Station, Kishna Chsirict, by grantin
Anticipatory Ball.
The petition coming on fer hearing, upon perusing the Patiion and the
affidavit fad in support thereof and made upon hear nig {he arguments of SRIP SP
SURESH KUMAR Advocate for the Pellionars, ASSISTANT PUBLIC
PROSECUTOR far the Respondent No.1, and the Court made the ¢ folowing,
ORDER
THE HON'BLE SRI JUSTICE T.MALLIKARIJUNA RAO CRIMINAL PETITION NO.779 OF 2024 ORDER:
Sik SE nce w The Criminal Fetivor, under Section 438 of the Code of Crirvdnal procedure, 1975 1S Hiei or behalf of the setHOners/Accused LS. adelanki John navid, Sfo Rajkumer, Addanki Nazareth, 9/0 Raikumar and Addanki Kristen gall Sfo Rajkumar [6 grant. anticipatory ball in connection with Crime No. PaS/E025 oF Gudivada U Town Police Stato 2} A case has bean registered: against the petitioners herein y anei others initially for the offance punishable ufSec. 35418), 438, 323 reac with 34 of the fnefian Penal Cade ffar short 7eC) and iater the sections were altered to Section a5Hay, 448, 325, 341 read ¥ we 34 and 376 read with SPL IPC. 9} The case of the pre agecution is that:
The de-facto compat inant 'namely ¥Sukanya has been working 8s sweeper in EVR Hospital a and she is having 3 daughter reamely Bhargavi, On 35.12.2023 when Bhargavi was bringing breakfast from the hotel and reached xothibommea Centre, Al who 48 the father of the pauhioners harry spit Upon her. Said Bhargavi informed the same to her mother Le. de-Tacto come mairiant.
Thereafter de-facts complainant shouted infrant of the house of Ai, Then Al entered into the house of gexfacts complainant and scolded Wer in fou lanquage and caught har hand and beat upon her fei aye and cau bleeding injuries. On hearing the hues and cries, brother af the de-facto complainant namely Rambabu carne fo rescue > her op. Then Al along with the petitioners 6 AO sea?
aren Ms ane sans of Al beat the de-facto complainant and his brother with their hanes and legs. On the complaint of the de-facto complainant this crime was registered, 4} Heard. Perused the record.
5} Learned counsel for the petitioners submitted that the petitioners ans aged about LF, 18 anc 13 Yeers respectively, They are Bursuing their sturfes and Al js their father. Ar 'cording to & Case Of the de-facts complainant, Af trespassed into the house of the de-facto complainant anc caught hold her anc beat her on her left eye and CAUSEG bleeding Infuries, Crime came to be registered! initially u/Se ~354{a}, 448, 423 read with 34 of IPC anc later section of law were altere:] to Section 3 354{a}, 448, 323, 341 read with 34 and 376 read with 511 IPC were included 6 Hing an alteration maria. The petitioners ara minors and prays 7 grant anticipatory bai, $} Learned Assistant Public Prosecutor apposed to Grant anticipatory ball on the ground that j investigation is not completed and if is at crucial Stage. He further submitted that the petitioners have no previous antecedents, #3 AS per the case of the Prosecution, the petitioners 1 to 3 ace companied with their father anc Seat the de-facto complainant, Considering the nature of Ene accusation meade against the petitioners it is some what doubtful with regard to attracting of the provisions of Section 376 read with 411 and 341 of IPC. Learned Assistant Pubic py roserufor has not disputed the respective ages ne petition. Ab this juncture it is relevant fo go through Section 12 of Tuvendi® Justice Act which reads as Folaws:
Section 12. Ball of juvenile CLA When any person accused of a badable or non-baiiable offence, and apparently a juvent ie, ig arresied oF detained or appears or is bray oe before 3 Board, such person ee roby astandins ia anything contained in the Cade of Criminal Procedure, 1973 (2 of LOPS) or In any other law for the time being in force, be released on al with of} without surety for placed und the Supervision OF @ Probation OFcer OF unde "thie care of any Ab insti do on ar fit person] [ Inserted by Act 3S of 2006, Section LO Owe. 22.8 208s 3 but he shall not be 5 oan .j there appear reasonable grounds For hetieving that the release is Tike aly to bring him ate associ lation with any known criminal or expase Aim to 7 moral, of aysical or psychological canger © that his release would defe sat the ds of justice.
@2wWhen such person, having est m arrested is pot released an ball uruler gubesertion CL} by the officer incha get of the police station, such officer shail SUSE him toe be kept only in en nse mation home In the prescribed manner unvi he can be brought before a Board, .
oy when such person is mint released on sali under sub-sectian (1) by the Roard if shall, instead of committing him te prisen _rnake an order sanding him fo an observation home or a place . of safety for such owind during the nendency af the inquiry y regard ng him as may be spec Med in the order.
oy a be eed iB 8} Considering the nature of accusetion made against the patitioners, this nds that the petitioners are entitied to be released on bad with or without sureties oF they may be placed under the contro) of Probationary ONVicer.
3) Learned counsel for fhe petitioners nave placed the affidavit of the petitioners mother wherein she contends that she is ready to furnish sureties on behalf of the ped HWoners as directed by iis Court anc the petitianers will be kent under her surveillance and will take care of the petitioners in all resoents, it is also alleged that the 9 slice are trying to arrest the petitioners for the an Mee ant Wed anne Peasons best known to them. In the event of their arrest by ignoring Section 12 of Juvenile Justice Act, this Court finds that their educational carrier and thelr future Braspectus will be baclly effected. it 8 submitter! thar ai whe is the father of the pehtoners was released on bail,
10) Learned counsel for the petitioners relies] on the judgment of the Allahabad High Court reported in between Mohammad Laid ys. State of 162 and Anether' wherein ib is ob sserved at paragraph no.25 that:
s by ff ste he ; fg BYeeey nfs age ante dh "
A CEE In conflict pot) faa writ Agave an equal anc affcackus okt fs ., hey, ae ~ toy aay ~ pes Rsge oy -
sak AVS remedy of "anticipate bal under See Sete 3 _ PIL ERE are othe: re ~ B ce tifa Pow cus. exe sy ; fe COZ. Gut ait dhe rosteics tans Jmoosed a7 dhe sai Y grovision #sef o * ra ca ent ~~ aioe 5 esi ace if) oF the Ack BOIS snes of ex aiuge {he aoplieation oF de. wade of Bey go FN Me Se Sep ere ed Section 438 ChE a a CA 29 Coe ath bw ater He ER gs fBosteree agaist Aim as ther © 8 0 provision CORUAY Jt fhe Ack 2085 fer foe EPA ks make & faoodcable Li} Considering the nature of the accusation made against the petitioners, this Court views th at at best Sections 448 ancl 323 of f BC may attract which are punishable with less than seven years. In the said facts of the case, this Court is inclined! to grant anticipatory ball to the petitioners,
12) Accordingly, the pettoners/recused Le. Addanid John David, S/o Rajkumar, Addanki Ng szareth, Sfo Rajkumar and Adidanid Kristlan Pall, S/o Rajkumar are clrected to surrencier before the Station House Officer concerned within two (02) weeks from toclay and Of Such surrender, the petitioners shai be released on balf on executing a & per arsonal bond & " @ sum of Rs 15 000/-
(Rupees fifteen thousand ony) (ive thou Sand each) with bya sureties for 9 tke * 2023 (248) Ac 3 Ta, Panes Re 4
3.
"yy 4& One spare copy ait sum each by the mother of the petitioners fwho has given undertaking affidavit at the time of Ming of this Criminal patition that she is ready to furnish Sureies on behalf of the miner petitioners) to the satisfaction of the arresting police officials. The mother of the petitioners shall coraply with the conditions a5 mentioned in her undertaking affidavit. With the above directions, tne Criminal Petition is alowec fer tas nee RTRUE COPY! Tse SHO, Gudivada i Town Urban Pohoe Station, Krishna District "dine OC to SRP S P SURESH KUMAR Advocate [OPUC] Two (Gs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] MiGH COURT TRI, J DATED OT AMV 2024 BAIL ORDER CRLP No ?78 of 2024 ALLOWED