Andhra Pradesh High Court - Amravati
Parimi Charan Kumar Parimi Charan vs The State Of Andhra Pradesh on 23 November, 2021
Author: D Ramesh
Bench: D Ramesh
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTY THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE D RAMESH CRIMINAL PETITION NO: 6511 OF 2021 Between: 1. Parimi Charan Kumar @ Parimi Charan, aged 35 yrs, S/o Venkataramana, r/o D.No: 5/3/A Kurmajipeta, Rayalacheruvu Anantapuramu District-515455 2. Veluru Jagadeeshwara Naidu @ Veluru Jagadish, aged 44 yrs, S/o.Late Chandrappa, r/o D.No. 2/48 Yadiki, Rayalacheruvu, Anantapuramu _ District- 515455. 3. Madamanchi Siva Prasad Naidu @ Madamanchi Shiva, aged 44 yrs S/o. Subbarayadu, r/o D.No. 3/83-B Yadiki, Rayalacheruvu, Anantapuramu District- 515408 ...Petitioners/Accused Nos.29,30 & 31 - AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court Buildings, Amaravathi ...Respondent/Complainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in support of the CriminalPetition, 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. 227/2018 of Tadipatri Rural 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 R. Harish Kumar, Advocate for the Petitioners, and of Assistant Public Prosecutor for the Respondent, the Court made the following. ORDER
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oe THE HONOURABLE SRI JUSTICE D.RAMESH CRIMINAL PETITION NO.6511 of 2021 ORDER:-
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 29 to 31 in the event of their arrest in connection with Crime No.227 of 2018 of Tadipatri Rural Police Station, Anantapur District, for the offence punishable under Sections 147, 148, 506 and 307 r/w 34 of the Indian Penal Code, 1860 (for short "IPC") and Sections 3(1)(r) and 3(1)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "SC&ST(POA) Act").
2. The case of prosecution is that on 08.10.2018 the de facto complainant gave a complaint wherein it was stated that the petitioners along with other accused formed themselves into an unlawful assembly and armed with deadly weapons i.e., sickles, stones, came and threatened him with dire consequences as to withdraw the cases which are filed against J.C.Diwakar Reddy and J.C.Prabhakar Reddy, attempted to kill and abused the complainant by touching his caste and tried to hack him with sickle, but he escaped from the scene. Basing on the said complaint, present crime was registered and the petitioners are arrayed as accused.
3. Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondent-State.
4. Learned counsel for petitioners submits that taking advantage of mention of 'others' in the complaint, the petitioners are falsely implicated due to political rivalry. The contents of complaint do not attract the provisions of SC&ST(POA) Act. Hence, prayed to grant pre-arrest bail to the petitioners.
5. Learned Assistant Public Prosecutor has opposed the bail and submits that the petitioners are involved in other crimes also and further investigation is pending.
6. Considering the submissions made by learned counsel for the petitioner and as there is political rivalry between the parties, this Court deems it appropriate to grant pre-arrest bail to the petitioners.
7. Accordingly, this Criminal Petition is allowed. The petitioners/ A-29 to A-31 shall be released on bail in the event of their arrest in connection with Crime No.227 of 2018 of Tadipatri Rural Police Station, Anantapur District, on condition of executing self bonds for Rs.20,000/- (Rupees twenty thousand only) each with two sureties for a likesum each to the satisfaction of the Station House Officer, Tadipatri Rural Police Station, Anantapur District. Consequently, miscellaneous applications pending, if any, shall stand closed.
> SD/- K.TATA RAO DEPUTY REGISTRAR To, 4 I'TRUE COPY// : Sto SECTION OFFICER FL. ww ONG COTO TRAN
1. The Judicial First Class Magistrate, Tadipatri, Anatapur District.
2. The Station House Officer, Tadipatri Rural Police Station. Anantapur District
3. One CC to SRI. R.HARISH KUMAR, Advocate [OPUC]
4. One CC to SRI. PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT]
5. One spare copy / & HIGH COURT DRJ DATED:23/11/2021 ORDER CRLP.No.6511 of 2021 ALLOWED