Andhra Pradesh High Court - Amravati
Horoon Basha Shaik Mohammad Harun vs The State Of Andhra Pradesh on 2 February, 2022
Author: D Ramesh
Bench: D Ramesh
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO :-PRESENT: THE HONOURABLE SRI JUSTICE D RAMESH CRIMINAL PETITION NO: 222 OF 2022 Between: Horoon Basha @ Shaik Mohammad Harun, S/o Shaik Alaam Sab, aged about 56 years, R/o 26-4-2256, Melapuram, Hindupur, Ananthapur District.(A-1) ...Petitioner AND State of Andhra Pradesh, Represented through Public Prosecutor, High Court, Amaravathi. ...Respondent 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 enlarge the petitioner on bail, in the event of his arrest in connection with Crime No. 767/2021 on the file of S.H.O., | Town P.S., Hindupur, Ananthapuram District, pending trial in the above crime in the interest of justice. 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 N Ranga Reddy, Advocate for the Petitioner and the Asst. Public Prosecutor for the Respondent, the Court made the following; ORDER:
THE HONOURABLE SRI JUSTICE D.RAMESH CRIMINAL PETITION NO.222 of 2022 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 petitioner/A1l in the event of his arrest in connection with Crime No. 767 of 2021 of Hindupur I Town Police Station, Anantapur District registered for the offences punishable under Sections 324 and 307 read with Section 34 of the Indian Penal Code, 1860.
2. The above crime is registered against the petitioner and others on the allegation that due to some disputes between the parties, they attacked the complainant with stones, sticks and rods with an intention to eliminate him, due to which the complainant received multiple injuries.
3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioner submits that a false complaint is lodged against the petitioner and others and a perusal of the complaint clearly discloses that only there is a ' simple bleeding injury and there are no allegations which attract Section 307 of IPC. He submits that in fact when the complainant encroached upon the land of the petitioner, petitioner lodged a report against him and the same was registered as crime No.766 of 9021 and as a counter blast to the said report, the present report is lodged with false allegations. He submits that as it is case and 'Seema Oz counter case, petitioners' case may be considered for grant of re- , y arrest bail.
5. Learned Assistant Public Prosecutor on instructions submits that the injuries are simple in nature, however he opposed the bail petition on the ground that investigation is pending.
6. In view of the submissions made by learned counsel for the petitioner and as this is case and counter case, this Court is inclined to grant pre-arrest bail to the petitioner.
7. Accordingly, this Criminal Petition is allowed. The petitioner/A1 shall be released on bail in the event of his arrest in connection with Crime No. 767 of 2021 of Hindupur I Town Police Station, Anantapur District on condition of executing self bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a likesum each to the satisfaction of the Station House Officer, I Town Police Station, Hindupur, Ananthapur District. Consequently, miscellaneous applications pending, if any, shall stand closed.
Sd/-T.Madhavi_ STRAR ITTRUE COPY// nested iT REGISTRAR "SECTIO The II Addl. Sessions Judge, Hindupur, Ananthapuram District. The Station House Officer, | Town Police Station, Hindupur, Ananthapuram District.
One CC to Sri. N Ranga Reddy, Advocate [OPUC] Two CCs to Public Prosecutor, High Court of AP [OUT] One spare copy.
FFICER
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HIGH COURT DR,J DATED:02/02/2022 ORDER CRLP.No.222 of 2022 ALLOWED