Andhra Pradesh High Court - Amravati
Veluru Rangaiah vs The State Of Andhra Prdesh on 7 December, 2021
Author: D Ramesh
Bench: D Ramesh
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE SEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE D RAMESH CRIMINAL PETITION NO: 6896 OF 2021 Between: 1. VeluruRangaiah, aged 51 yrs, S/o Narayanaswamy, r/o D.No. 3-28, T.Kothapalli, Yadiki, Anantapuramu-515455. 2. ParimiCharan Kumar, aged 35 yrs@ParimiCharan, S/o Venkataramana, rlo D.No. 5/3/A, Kurmajipeta, Rayalacheruvu, Anantapuramu District-515455 3. VeluruJagadeeshwara Naidu, aged 44 yrs @VeluruJagadeesh, S/o Late Chandrappa, r/o D.No. 2/48, . Yadiki, Rayalacheruvu, Anantapuramu District-515455 4. Madamanchi Siva Prasad Naidu, aged 44 yrs@ Madamanchi Shiva, S/o Subbarayadu, r/o D.No. 3/83-B, Yadiki, Rayalacheruvu, Anantapuramu District-515408. . Petitioner/Accused No.31,32,33 AND The State of Andhra Prdesh, Rep. by its Public Prosecutor, High Court Buildings, Amaravathi ...Respondent/Complainant Petition filed under Section 438 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to direct the respondent police to release the petitioners on bail in the event of their arrest in Crime No. 226/2018 of Tadipatri Rural P.S. Anantapuramu District. The petition coming on for hearing, upon perusing the Criminal Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri R. HARISH KUMAR; Advocate for the Petitioners, and of Assistant Public Prosecutor for the Respondent, the Court made the following. ORDER
THE HONOURABLE SRI JUSTICE D.RAMESH CRIMINAL PETITION NO.6896 of 2,021 ORDER:
This petition is filed under Section 438 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C)}) seeking Pre arrest bail to the petitioners /A.31, 32, 33 and 34 in the event of their arrest in connection with Cr:No.226 of 2018 of Tadipatri Rural Police Station, Anantapur District, for the offences punishable under Sections 147, 148, 506, 307 r/w 34 of the Indian Penal Code, 1860 (for short «~pC") and Sections 3(1)(r) and 3(1\(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short «SC & ST (POA) Act').
2. The case of prosecution is that on 15.09.2018 there was an incident happened near Prabhodananda Swamy Ashram (Sri Krishna Mandiram) situated at Chinna Polamada Village, Tadipatri Mandal, Anantapuramu District and it is alleged that on 16.09.2018 at around 12.00 noon when the de facto complainant was present near the tree on the back side of the main gate of the ashram, it is alleged that one Tirumala Subbaiah, S/o Tirumala Naga Subbarayaudu, Tirumala Nagabhusanam, S/o T irumala Nagar Subbarayudu, who are residing adjacent to the ashram and some others have come there and by saying that Lambadi bastards how dare you to stand against JC brothers and it is alleged that by shouting they threatened to beat with rods and went behind the de facto complainant and tried to kill him. It is alleged that by pushing them aside the de facto complainant run away from that place. It is alleged that one friend by name Dilip helped him and it is alleged that due to the tense situation in the ashram the complainant stayed there for some time and come to Hyderabad and gave the complaint. Basing on the said complaint, present crime was registered and the petitioners are arrayed as accused.
3. Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondent-State.
4. Learned counsel for petitioners submits that taking advantage of mention of 'others' in the complaint, the petitioners are falsely implicated due to political rivalry. The contents of complaint do not attract the provisions of SC & ST (POA) Act. Hence, prayed to grant pre-arrest bail to the petitioners.
5. Learned Assistant Public Prosecutor has opposed the bail and submits that the petitioners are involved in other crimes also and further investigation is pending.
6. Considering the submissions made by learned counsel for the petitioners and as there is political rivalry between the parties, this Court deems it appropriate to grant pre-arrest bail to the petitioners.
7. Accordingly, this Criminal Petition is allowed. The petitioners/A.31, A.32, A.33 and A.34 shall be released on bail in the event of their arrest in connection with Crime No.226 of 2018 of Tadipatri Rural Police Station, Anantapuramu District, on condition of executing self bond for Rs.20,000/- (Rupees twenty thousand only) each with two sureties for a likesum each to the satisfaction of the Station House Officer, Tadipatri Rural Police Station, Anantapuramu District.
Consequently, miscellaneous applications pending, if any, . shall stand closed. ; SD/- K.TATA RA ITTRUE COPY! © pEpPUTY REGISTRAR For: SECTION To, oe
1. The Judicial First Class Magistrate, Tadipatri, Anantapuramu District.
2. The Station House Officer, Tadipatri Rural Police" Station, ~ Anantapuramu District.
3. One CC to SRI. R. HARISH KUMAR, Advocate [OPUC]
4. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] .
cc Ne eee 'Ny ye errr / r Re HIGH COURT DRJ DATED:07/12/2021 ORDER CRLP.No.6896 of 2021 ALLOWED