Andhra Pradesh High Court - Amravati
Nettem Rambabu, vs The State Of Andhra Pradesh, on 22 October, 2020
THE HON'BLE SMT JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION No.4392 of 2020
ORDER:-
This Criminal Petition is filed by the accused under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to quash the order dated 15.09.2020 passed in Crl.M.P.No.264 of 2020 by the Junior Civil Judge-Cum-Judicial First Class Magistrate, Uravakonda.
2. The prosecution filed an application under Section 437(5) of Cr.P.C. to cancel the bail granted to the petitioners/accused for the offence punishable under Section 324 of the Indian Penal Code, 1860 (for short 'I.P.C.') and to permit them to arrest the accused for further investigation in the case. The Court below, by the order impugned has allowed the petition and the bail granted to the petitioners in Crl.M.P.No.244 of 2020 vide order dated 04.09.2020 for the offences punishable under Sections 147, 148 and 324 read with 149 I.P.C. was cancelled, the Police were permitted to arrest the petitioners for the offence under Section 326 I.P.C. for further investigation in the case. Assailing the same the petitioners are before this Court.
3. Heard Sri S.D.Gowd, learned counsel for the petitioners and learned Public Prosecutor for the respondent-State. 2
4. Learned counsel for the petitioners submits that there were financial disputes between the petitioners and one Yella Prasad of Ananthapur town which were later settled by petitioner No.1. The said Yella Prasad and his sons developed grudge against petitioner No.1 and to eliminate him they went to the house of petitioner No.1 on 16.08.2020 and attacked him with sharp edge weapon. Therefore, petitioner No.1 has lodged a complaint against three persons and the same is registered as F.I.R.No.304 of 2020 dated 17.08.2020. Later as a counter blast they gave a complaint, which was registered as F.I.R.No.305 of 2020 under Sections 147, 148 and 324 read with 149 I.P.C. The petitioners surrendered before learned Judicial Magistrate of First Class, Uravakonda and obtained bail on 04.09.2020. The prosecution has filed Crl.M.P.No.264 of 2020 to arrest the petitioners basing on the wound certificate, which reveals that the injuries are grievous in nature.
5. Learned counsel for the petitioners submits that even if the allegations are taken in its face value, the ingredients of Section 326 I.P.C. are not attracted in this case. Only Section 335 I.P.C. attracts which is a bailable offence. Therefore, cancelling the bail granted to the petitioners is contrary to law. It is submitted that the judgment of the Hon'ble Supreme Court upon which the Court below has relied on is not applicable to the facts of the case and the Court below ought to have seen whether Section 326 I.P.C. applies to the case of the petitioners or not. It is also argued that 3 just because the Section of Law is altered it is not necessary that the petitioner shall be arrested.
6. Learned Public Prosecutor submits that the prosecution has every right to file an application for arrest of the accused and for cancellation of bail. He also submits that the discretion is vested with the Court and the Court while exercising the jurisdiction has rightly cancelled the bail, which does not warrant interference of this Court.
7. Perused the order impugned which reveals that the learned Judge while passing the order has referred to the judgment of the Hon'ble Supreme Court and also discussed the powers of the Court under Sections 437(5) and 439(2). Learned Judge also observed that in all cases where the accused is bailed out under an order of a Court and new offences are committed including offences of serious nature it is not necessary that in all those cases earlier bail shall be cancelled by the Court before granting permission to arrest the accused on the basis of new offence. Learned Judge has clearly observed that in the present case even after receiving the notice, the accused did not choose to surrender before the Court and obtain bail for the newly added Section i.e. 326 I.P.C., which is non-bailable and cognizable. On this ground the petition was allowed.
8. Having heard the learned counsel for the petitioners and learned Public Prosecutor, this Court finds no grounds to interfere 4 with the reasoned order, dated 15.09.2020 passed in Crl.M.P.No.264 of 2020 by the Junior Civil Judge-Cum-Judicial First Class Magistrate, Uravakonda.
9. Accordingly, the Criminal Petition is dismissed.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
____________________________________ JUSTICE LALITHA KANNEGANTI Date: 22.10.2020 IKN 5 THE HON'BLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.4392 of 2020 Date: 22.10.2020 IKN