Document Fragment View

Matching Fragments

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO.1487 OF 2021 ORDER:-

This Criminal 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/A-1 to A-9 in the event of their arrest in connection with Crime No.41 of 2021 of Narsapuram Rural Police Station, Narsapuram, West Godavari District registered for the offences punishable under Sections 143, 436 and 506 r/w 34 of the Indian Penal Code, 1860 and Sections 3(i)(r)(s) and 3(2)(va) of Scheduled Casts and Scheduled Tribes (Prevention Of Atrocities) Amendment Act-2016 (for short 'SC & ST (POA) Act'.

3. Heard Sri K.Chidambaram, learned counsel for the petitioners and learned Public Prosecutor for the respondent-

State.

4. Learned counsel for the petitioners submits that all the accused herein are students and agriculturists who are youngsters and purely basing on the political reasons, this report was given. He submits that a complaint given by the 1*t petitioner herein was registered as FIR No.43 of 2021 at 9.30 PM. He submits that in the complaint it is clearly stated that on 25.02.2021, one Godi Sanni Babu, K.Dorababu, Godi Satheesh and Godi Raj Kumar came to their house and tried to attack him. Due to fear, he ran out of his house from backside. All of them damaged his car with iron rods, attacked his mother and the accused also damaged the windows and doors. He further submits that even the elected sarpanch belongs to SC-community and she has also given a complaint to Narsapuram Rural Police wherein there are specific allegations against Bhimavaram MLA who came to the place with 500 people, abused in the name of caste and when she tried to garland the statue of Dr.B.R.Ambedkar, they pushed her stating that as she won on behalf of Janasena party, she does not belong to SC- community, as such, she has no right to garland the statue. Learned counsel for the petitioners further submits that though she gave report to the police, they failed to register the same on political reasons, as such, she is taking steps to file a private complaint. He further submits that in the incident no injuries were sustained by the de facto complainant's wife and taking into consideration the fact that the petitioners are students and agriculturists, their case may be considered for pre arrest bail.

7 Looking on the successive reports lodged by the petitioners, by the de facto complainant and by the sarpanch of the village, prima facie it appears that these are the case and counter cases basing on political rivalry and further as the de facto complainant has not sustained any injuries in this case, this Court is inclined to grant pre-arrest bail.

8. Accordingly, this Criminal Petition is allowed. The petitioners/A-1 to A-9 shall be released on bail in the event of their arrest in connection with Crime No.41 of 2021 of Narsapuram Rural Police Station, Narsapuram, West Godavari District on a 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 Station House Officer, Narsapuram Rural Police Station, Narsapuram, West Godavari District. They shall appear before the Station House Officer once in a month till charge sheet is filed.

Consequently, miscellaneous applications pending, if any shall stand closed.

eT --~

-

gq/-1.Madhavi GASTR 7, REGISTRAR imeuecopyy ASSIS" AN |

- gecTION OFFICER To, | EG Ce

--_ _ The Station House Officer, Narsapuram Rural Police Station, Narsapuram, West Godavari District.

One CC to Sri. K Chidambaram, Advocate [OPUC] Two CCs to Public Prosecutor, High Court of AP [OUT] One spare copy.

"

DAWN HIGH COURT LK,J DATED:20/03/2021 ORDER DIRECTION | he ' gir SE A. FED RE YO 2 Gok ff¢é 5 pwn oe, ;