Andhra Pradesh High Court - Amravati
Ambati Raghavendra Reddy, vs The State Of Andhra Pradesh. on 15 July, 2024
THE HON'BLE JUSTICE Dr. V.R.K.KRUPA SAGAR
CRIMINAL PETITION Nos.4210, 4004, 3785, 3987 and 3754 of
2024
COMMON ORDER:
These Criminal Petitions, under Section 438 of the Cr.P.C., are filed seeking to enlarge the petitioners on anticipatory bail in Crime No.94 of 2024 of Tadipatri Town Police Station, Ananthapuram District.
Date and Time of At about 03:30 PM on 14.05.2024 Crime incident Place of Crime Ragithotapalem, Infront of incident Suryamuni House, Tadipatri Town, Ananthapuram.
Date and Time of FIR.No.94 of 2024 at 04:30 PM on registration of Crime 14.05.2024 Offences alleged Sections 147, 148, 188, 427, 307, 332, 353 IPC and Sections 3 and 4 of the Prevention of Damage to Public Property Act, 1984 read with 149 IPC. Prayer made Anticipatory Bail as per Section 438 of the CrPC. 2
Learned counsel for petitioner Sri S.V.S.S.Siva Ram in Crl.P.No.4210 of 2024 Learned counsel for petitioner Sri G. Rama Mohan Reddy in Crl.P.No.4004 of 2024 Learned counsel for petitioners Sri Veera Reddy in Crl.P.No.3785 of 2024 Sri Mohammed Abdul Basith Learned counsel for petitioners N.Sai Phanindra Kumar in Crl.P.No.3987 of 2024 Learned counsel for petitioner Sri Bhanu Prasad Chukkapalli in Crl.P.No.3754 of 2024 Learned Assistant Public Sri Anand Kumar Kochiri Prosecutor for Respondent
2. Heard arguments of learned counsel on both sides. Respondent filed counters.
3. Perused the record.
4. Petitioners contend that they are innocent and unreasonably they are accused of these offences and have reason to believe that they may be arrested.
35. Respondent contends that the peace in the society was disturbed and the property was damaged. The presence of the petitioners in Tadipatri is likely to create further unrest.
6. The material on record disclosed the names of big and not so big persons belonging to two leading political parties - one, the then ruling party, the other, the then opposition party and other persons engaged in political activities. The incident occurred on day after this democracy went for elections to parliament and assembly. The allegations are that the police got knowledge about some incident between rival groups and they reached the spot and put their efforts to dissuade them. However, both the rival groups started pelting stones and sticks against each other and the police party and in the process caused damage to vehicles and injuries to police.
7. Record further shows that the investigation progressed, statements of certain witnesses were recorded, necessary mahazars were prepared, certain items were seized and some of the accused were arrested. Broad statements apart, one could not notice any specific overt acts except the verbal utterances on part of the petitioners. The incident, though created panic, is one that does not seem to require any custodial interrogation. Given the fact that these petitioners are ordinary residents of the area, minding their own avocations; granting the prayer does not dent the smooth investigation. However, there is need to hedge the emotions of rival groups so as to allow the peace to thrive and perpetuate. Therefore, conditioning them by certain terms would serve the process of justice well.
48. Observations made here are limited to the present proceedings.
9. In the result, these petitions are allowed in the following terms: -
In the event of arrest of the petitioners herein/accused, each of them shall be enlarged on bail on each executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties of the like sum each to the satisfaction of the concerned arresting/Investigating Officer. The petitioners/accused shall mark their attendance before the Investigating Officer on 3rd and 17th of every month between 10.00 AM and 1.00 PM for a period of three months or till filing of the charge sheet whichever is earlier. The petitioners/accused shall make themselves available for interrogation by a police officer as and when required, and they shall not, directly or indirectly, make any inducement, threat or promise to any persons acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer. They shall not indulge in similar acts of crime. From the time they avail the bail, they shall stay away from Tadipatri town for a fortnight.
________________________ Dr. V.R.K.KRUPA SAGAR, J Date: 15.07.2024 Dvs 5 THE HON'BLE JUSTICE Dr. V.R.K.KRUPA SAGAR CRIMINAL PETITION Nos.4210, 4004, 3785, 3987 and 3754 of 2024 Date: 15.07.2024 Dvs