Andhra Pradesh High Court - Amravati
Rayapati Narasimha Rao, vs The State Of Andhra Pradesh, on 25 March, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT]: THURSDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO: 1300 OF 2021 Between: Rayapati Narasimha Rao, S/o. Chinna Sambaiah, aged 44(A2) Saripoodi Venkateswara Rao, S/o. Lingaiah, aged 50(A4) Attimalla Venkateswara Rao, S/o. Appa Rao, aged 43(A5) Pathakamoori Ramarao, S/o. Naaraiah, aged 55 (A7) Chirumamilla Souraiah, S/o. Pedda Nayudamma, aged 47 (A8) Noothalapati Vamshi Krishna, S/o. Shankar, aged 26 (A11) Saripoodi Ramarao, S/o. Appa Rao, aged 30(A12) Saripoodi Sitaramaiah, S/o. Mohan Rao, aged 30 (A13) Peram Nageswara Rao, S/o. Venkatramaiah, aged 50 (A15) | 10. Pathakamoori Koteswara Rao, S/o. Venkatasubbaiah, aged 58 (A16) 11.Saripoodi Siva Rao, S/o. Bramha Rao, aged 40,(A17) 12. Garlapati Krishna, S/o. Narayana, aged 42,(A18) 13.Chundu Naresh, S/o. Sambaiah, aged 40,(A19) 14.Pathakamoori Hari Babu, S/o. Venkatramaiah, aged 45, (A20) 15.Macharla Ganesh, S/o. Dibbaiah, aged 32,(A21) 16.Macharla Gangaiah, S/o. Dibbaiah, aged 40,(A23) 17.Macharla Chinna Gangaiah, S/o. Veeraiah, aged 40, (A24) 18. Kambampati Visweswara Rao, S/o.Venkateswarlu, aged 35,(A26) 19. Shaik Nannesha, S/o. Padova Uddandu, aged 42, (A27) 20. Shaik Abdul, S/o. Bujji, aged 22,(A28) 21.Shaik Subhani, S/o. Knasim Saheb, aged 40,(A29), 22. Shaik Masthan Vali, S/o Rendova Uddandu, aged 40(A30), ODNOARWN= (All the Petitioners/Accused are the residents of Lingapuram Village, Mandal, Guntur District.) __Petitioners/Accused AND The State of Andhra Pradesh, (Amaravati P.S., Guntur District), Rep. by its Public Prosecutor, High Court of A.P., Amaravati. .. .Respondent/Complainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in Criminal Petition, the High Court may be pleased to direct the Respondent Police to enlarge the Petitioners/Accused in the event of their arrest in connection with Cr. No.77/2021 of Amaravati Police Station. Guntur District. The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri Venkateswarlu Posani, Advocate for the Petitioners and of Public Prosecutor for the Respondent, the Court made the following. ~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 petitioners/A-2, A-5, A-7, A-8, A-11 to A-13, A-15 to A-24 and A-26 to A-30 in the event of their arrest in connection with Crime No.77 of 2021 of Amaravati Police Station, Guntur District registered for the offences punishable under Sections 307, 143, 147, 120b, 188, 324, 323 riw 149 of Indian Penal Code, 1860 (for short IPC). 2. The case of the prosecution is that a complaint was lodged on 19.02.2021 stating that in the Gram Panchayat elections the people belong to a particular community are supporting a candidate and the party in power is also supporting the candidate. The petitioner who belong to different community and opposite political party are opposing the same by causing hurdles in the campaign. On 18.02.2021 at about 8.30 PM, when the de facto complainant and some other people were proceeding for campaigning, 30 persons including the petitioners : herein formed in unlawful assembly, armed with rods, axes and stones caused obstruction. It is further stated that the unnamed persons and the named persons i.e A-1, A-3, A-14 and A-25 caused injuries. Basing on the said complaint, the present crime is registered. 3. Heard Sri Posani Venkateswarlu, learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent-State. 4, Learned counsel for the petitioners submits that the complaint is filed purely basing on the political rivalry and in fact, the Gram Panchayat election was scheduled on 21.02.2021 and this complaint is registered on 19.02.2021 initially against 30 persons and subsequently 14 persons were added. He submits that the accused. against whom there are specific overt acts were already enlarged on bail. He further submits that there. are no specific overt acts against the petitioners herein and they are falsely implicated in this case. Further the injuries sustained by the de facto complainant and others are simple in nature, as such, their case may be considered for grant of pre arrest bail. 5. Learned Additional Public Prosecutor also does not dispute the fact that the injuries sustained by the complaint and others are simple in nature. Further, it is stated that the petitioner Nos.1, 4 and 6 to 8 are involved in other offences. & s 6.. In response to the same the learned counsel for the petitioner submits that they are arrayed as accused during Amaravathi agitation and they are not accused in any other crime. 7. Taking into consideration the facts that there are no specific overt acts against the petitioners, A-1 and A-3 against whom there are specific overt acts were already enlarged on pre arrest bail and A-14 and A-25 were enlarged on regular bail, this Court deems it appropriate to grant pre arrest bail to the petitioners. 8. Accordingly, this Criminal Petition is allowed. The petitioners/A-2, A-5, A-7, A-8, A-11 to A-13, A-15 to A-24 and A-26 to A-30 shall be released on bail in the event of their arrest in connection with Crime No.77 of 2021 of Amaravati Police Station, Guntur 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 Court of the II Additional Junior Civil Judge, Sattennapalli. Consequently, miscellaneous applications pending, if any, shall stand closed. Sd/- E.JKAMESWARA RAO / ASSISTANT EGISTR , IITTRUE COPYI/ K For ASSISTANT REGISTRAR To, 1. The Il Addl. Junior Civil Judge, Sattennapalli, Guntur District. 2. The Station House Officer, Amaravati Police Station, Guntur District. 3. One CC to Sri. Venkateswarlu Posani, Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court of AP [OUT] 5. One spare copy. B Amended the name of petitioner No.17 in the cause title as "Macharla Chinna Gangaiah" instead of "Macharla Bodayyah" and in the 1°, 8" paras of Orde at 3 and 2" lines the petitioners/A-4 Nos are amended as "Petitioners/A-2, A-5, A-7....'instead of Petitioners/A4, A-5, A-7...." as per Court Order dt:25/03/2021 in IA.No.1/2021 in Crip.No.1300/2027. Substitute this Amended Order. dt.25/03/2021 in the place of earlier Order dt.04/03/2021 which was dispatched on 05/03/2021. -Sd/- EIKAMESWARA RAO _ ASSISTANT REGISTRAR HIGH COURT LK,J DATED:04/03/2021 25/03/2021 ORDER
AMENDED CRLP.No.1300 of 2021 DIRECTION