Andhra Pradesh High Court - Amravati
Marthala Sai Sudarshan Reddy ... vs State Of Andhra Pradesh on 28 July, 2021
". IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ™. WEDNESDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY ONE -PRESENT: Xs Ny THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI "CRIMINAL PETITION NO: 4250 OF 2021 Between: 1. Marthala Sai Sudarshan Reddy@ Sudharshan Reddy, Aged 21 yrs, S/o Venkata Subba Reddy, R/o 13-69, Vadia Palem, Tadipatri-515411(A33) "2. E. Vamsi Krishna @ Vamsi, Aged 24 yrs, S/o Pedda Obulesu, R/o. 1/102, . Sunkalamma Palem, Tadipatri-515411(A36) '3. Kommu Rajasekhar Reddy, aged 35 yrs, S/o Chandra Sekhar Reddy, R/o . 12/4/850, Adarsha Nagar, Anantapuramu-515001. \ 4. K.Syed Dadapeer @ Dadapeer, Aged 35 yrs, S/o Syed Jalan Basha, R/o 12-6cs- 1, Main Bazaar, Tadipatri-515411.(A41) ™ = §. Mathadi Dada Mubarak @ Mubarak, Aged 24 yrs, S/o M.Jaffar, R/o. 15-83a, Gandhinagar, Tadipatri-515411(A44) ~, §. Yekkaluru Peddi Reddy @ Brahmana Palli Peddi Reddy, Aged 58 yrs, S/o Pedda Narayana Reddy, R/o 3-71, Brahmanapalli, Tadipatri-51541 1(A58) .. .Patitioners/Accused No.33, 36, 38, 41, 44 & 58 AND "~~ State of Andhra Pradesh, rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi. ...Respondent "S 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 release the petitioners on bail in the event of their arrest in Crime No. 849/2020 of Tadipatri P.S., Anantapuramu 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 Harish Kumar Rasineni, Advocate for the Petitioners and Public Prosecutor for the Respondent, the Court made the following: ™s ORDER: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO.4250 of 2021 ORDER:
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This petition is filed under Sections 438 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.'} seeking pre arrest bail to the petitioners/Accused Nos.33, 36, 38,41, 44 and 58 in the event of their arrest in connection with Crime No.849 of 2020 of Tadipathni Town Police Station, Anatapur District for the offences punishable under Sections 147, 148, 506, 307 read with 149 of the Indian Penal Code and Sections 3 (1}(r), 3(1)(s), 3(2)(v} of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 (for short "SC & ST (POA) Act}.
2. The case of prosecution is that a complaint was lodged by the President of the students' wing belonging to Y.S.R.C.P. stating that while he was going to his house through second lane Sanjeeva Nagar, the petitioners herein along with some others approached him and abused him in the name of the caste for working against them in_ the elections. Al instigated the other accused to kill him and A2 hacked the complainant with sickle as a result of which the complainant received bleeding injuries. It is also alleged in the complaint that the other accused beat him with hands and legs. Basing on the said complaint the present crime is registered and the petitioners are arrayed as accused.
3. Heard Sri R.Harish Kumar, learned counsel for the petitioners and the learned Public Prosecutor for the respondent-State.
4, Learned counsel for the petitioners submits that there are no specific overt acts against the petitioners and even the injuries sustained by the complainant are inflicted by A2. As far as the petitioners are concerned the only allegation made against them is that they pushed the complainant and beat him with hands and legs, He further submits that as far as the offences under the provisions of SC & ST (POA) Act are concerned, there are no specific overt acts and only omnibus allegations are made against all the accused. He further submits that some of the accused were granted pre arrest bail by this Court. Hence, their prayer for grant of pre-arrest bail may be considered.
3. On the other hand, learned Public Prosecutor submits that the complainant has sustained grievous injuries and the investigation is pending. Therefore, at this stage the petitioners are not entitled for pre-arrest bail.
6. Taking into consideration the allegations where there are no specific overt acts against the petitioners herein and further the submission of learned counsel for the petitioners that some of the accused were already enlarged on regular bail, this Court deems it appropriate to grant bail to the petitioners.
7, Accordingly, this Criminal Petition is allowed. The petitioners/ Accused Nos. 33, 36, 38,41, 44 and 58 shall be enlarged on bail in the event of their arrest in connection with Crime No.849 of 2020 of Tadipatri Town Police Station, Anantapur District on execution of self bonds for Rs.20,000/- (Rupees twenty thousand only) each with two sureties for a like sum each to the satisfaction of the Station House Officer, Tadipatri Town Police Station, Ananthapur District.
Consequently, miscellaneous applications pending, if any, shall stand closed.
4SD/- CHITTI JOSEPH"
ASSISTANT REGISTRAR Akin / ee & TRUE COPY// SECTION OFFICER m Fo.
To,
1. The Station House Officer, Tadipatri Police Station, Anantapuramu District.
2. One CC to Sri. Harish Kumar Rasineni, Advocate [OPUC]
3. Two CCs to Public Prosecutor, High Court of AP [OUT]
4. One spare copy. MSB DAT ED:28/07/2021 ORDER CRLP.No.4250 of 2021 ALLOWED You tatlale yortiny coal