JUDGMENT : - The petitioner/A-5 is accused of offences punishable under Sections 147, 148, 324, 326, 307, 341, 353, 201/149, 120-B IPC and Sections 25, 27(1) and 30 of Indian Arms Act along with others. The offence took place on 30-4-2011. Originally the case was booked in Chandrayanagutta Police Station and it was transferred to Central Crime Station for investigation. After investigation, the police filed charge sheet before the Magistrate. It is stated that the charge sheet is returned by the Magistrate with certain objections and it is yet to be represented before the Magistrate after complying with the objections pointed out. A-5 is in custody since 18-5-2011. The victim/injured in this case is Member of Legislative Assembly (M.L.A.) from Chandrayanagutta Constituency. Apart from several other overt acts attributed to the other accused, it is alleged that A-5 attacked the injured with cricket bat and beat him and that A-5 also beat Mohsin At Kaseri and caused blunt simple injuries to him and that he also chased away the policemen and other witnesses who tried to interfere in the incident. Neither in the charge sheet nor in the investigation record, seat of injury with cricket bat of A-5 on the victim/ injured, is mentioned. It is also not mentioned in medical certificate that there was any injury on the victim/injured M.L.A. corresponding to any overt act of A-5 against him. 2. During the attack, gunmen attached to the victim/injured M.L.A did not open fire. It is further stated that the injured M.L.A. who was possessing fire arm with him could not take out the same from his wearing apparel and could not open fire. Gunmen of another M.L.A from Malakpet constituency opened fire against the accused party and injured A-3, A-4 and A-5. A-4 was declared dead by the time he was taken to the hospital. A-5 was initially treated in Yashoda hospital and after his discharge on 18-5-2011, he was arrested by the police. Discharge summary of Yashoda hospital shows that emergency laparotomy resection of small bowel and end-to-end anastompsis evacuation of hemoperitoneum, ligation of mesenteric artery, transverse colostomy was done to bullet injury sustained by A-5. A-5 was initially treated in Yashoda hospital and after his discharge on 18-5-2011, he was arrested by the police. Discharge summary of Yashoda hospital shows that emergency laparotomy resection of small bowel and end-to-end anastompsis evacuation of hemoperitoneum, ligation of mesenteric artery, transverse colostomy was done to bullet injury sustained by A-5. During operation, it is stated that an external colostomy sac (bag)was attached to an outlet formed on his body during operation, for the purpose of collection of faecal matter into it from A-5 was body and that it is being replaced once in 4 or 5 days. Even after arrest, A-5 was kept in prison hospital for treatment and he was finally discharged from prison hospital on 11-8-2011. 3. It is contended by the petitioner's senior counsel that the offence took place in the locality of the accused and that after the incident, when the accused party attempted to give report on the incident to the police, the police did not receive" the report and that therefore though the accused party wanted to take steps through Court, they could not pursue the same as all of them were in prison. When questioned as to whether any case was booked on the incident of gunmen of one M.L.A. opening fire against the accused party causing death of one person (A-4) and bullet injuries to two persons (A-3 and A-5), the public prosecutor, after verification, reported that no case is booked on that incident. It is astonishing to note that the police have not performed their constitutional duty of registering a case relating to the incident of opening fire by police gunmen and causing fatal bullet injuries. After registration of a case/crime in that regard, the Government should have ordered Magisterial enquiry into that incident; so that real facts relating to the incident would have emerged. Otherwise, investigation in the crime relating to the injured M.L.A. sustaining injuries would remain one sided. There is every possibility of commenting the said investigation as biased investigation. Rule of law expects the police and the Government to function in unbiased manner and giving all opportunities to both sides of the dispute to come out with their respective versions. Opening of fire by police gunmen cannot be left without investigation. There is every possibility of commenting the said investigation as biased investigation. Rule of law expects the police and the Government to function in unbiased manner and giving all opportunities to both sides of the dispute to come out with their respective versions. Opening of fire by police gunmen cannot be left without investigation. It is a case of cross fire between the accused party and the prosecution party in which the injured M.L.A. sustained injuries and there was death of one person and bullet injuries to two persons among the accused party. In all fairness, the police and the Government should have acted in a balanced manner by performing their respective legal and constitutional duties. From Human Rights angle also the Government should have initiated Magisterial enquiry into the issue. 4. It is stated by the Public Prosecutor that there is another case against A-5 pending trial before the III Additional Metropolitan Sessions Court relating to an offence punishable under several sections of law including Section 307 IPC. It is stated that the injured M.L.A. is out of danger to his life. Having regard to all the above circumstances of the case, I am of the opinion that the petitioner/A-5 is entitled for bail. 5. In the result. (1) The petitioner/A-5 shall be released on bail on furnishing personal bond for Rs. 10,000/- together with two• sureties for the likesum each to the satisfaction of the XII Additional Chief Metropolitan Magistrate, Hyderabad; (2) The Station House Officer, Central Crime Station, Hyderabad, is directed to register a case/crime under appropriate sections of law and against all the persons concerned on the incident of police gunmen opening fire against the accused party in this' case after recording statement of the petitioner/A-5 or after receiving written report given by him and to investigate into the same as per law; and (3) Directing the Government of Andhra Pradesh to initiate Magisterial enquiry into the incident relating to opening of fire by the police gunmen attached to M.L.A. of Malakpet constituency causing death of A-4 and causing bullet injuries to A-3 and A-5, and after receiving report of the Magistrate to take steps according to law.