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2020 DIGILAW 654 (AP)

Sangam Jaipal v. State Of Andhra Pradesh

2020-10-13

CHEEKATI MANAVENDRANATH ROY

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JUDGMENT Cheekati Manavendranath Roy, J. - This petition is filed under Section 438 of the Code of Criminal Procedure, 1973, to enlarge the petitioners on bail in the event of their arrest. 2. The petitioners are A-1 to A-10 in Crime No.253 of 2020 of Proddatur Rural Police Station, YSR Kadapa District. 3. The offences registered against them are under Sections 147, 148, 324, 509 r/w 149 IPC. 4. As can be seen from the facts of the prosecution case, it appears that there was a fight between two groups. Therefore, counter cases were registered against the persons of the both groups. Another crime in Crime No.254 of 2020 for the offences punishable under Sections 147, 148, 324, 509 r/w 149 IPC was registered against the persons of the opposite group. It is the case of the prosecution that the petitioners herein, who are armed with sticks, have attacked the persons of the other group and caused injuries to them and thereby committed the aforesaid offences. 5. Heard learned counsel for the petitioners and the learned Additional Public Prosecutor. 6. As already noticed supra, the facts of the case show that there was a fight between the persons of the two groups. Persons from both the groups were injured in the said fight. Therefore, two separate crimes were registered in Crime No.253 of 2020 against these petitioners and in Crime No.254 of 2020 against the persons of the other group. The facts of the case show that the petitioners herein, who are A-1 to A10, are armed with sticks and they participated in the said fight and caused injuries to the persons of the other group. Individual overt acts are also given regarding the said attack made by the petitioners herein. There are about five injured persons in the opposite group among whom four persons sustained simple injuries and one person sustained grievous injury in the hands of the petitioners. Therefore, it appears that Section of law is also altered to Section 306 IPC. Since the accusation made against the petitioners is prima facie well founded from the facts of the case, this Court is of the considered view that this is not a fit case for grant of anticipatory bail to the petitioners. Therefore, it appears that Section of law is also altered to Section 306 IPC. Since the accusation made against the petitioners is prima facie well founded from the facts of the case, this Court is of the considered view that this is not a fit case for grant of anticipatory bail to the petitioners. Although it is contended by the learned counsel for the petitioner that there is delay in lodging the F.I.R, that itself cannot be a valid ground for grant of anticipatory bail, when the facts of the case prima facie show the complicity of the petitioners in commission of the said offence as they attacked with sticks and caused injuries to the persons of the other group. 7. In the result, the Criminal Petition is dismissed.