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2021 DIGILAW 384 (AP)

Danger Vamsi Alias Danial Vamsi v. State of Andhra Pradesh

2021-07-05

LALITHA KANNEGANTI

body2021
JUDGMENT Lalitha Kanneganti, J. - 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 petitioners/A-1 and A-2 in the event of their arrest in connection with Crime No.268 of 2021 of Alipiri Police Station, Tirupati, Chittoor District, registered for the offences punishable under Sections 307, 341 and 506 r/w 34 of IPC. 2. The case of the prosecution is that the complainant is studying final year ITI course and some quarrels were occurred between A-1 and one Bhargav, friend of complainant, for which A-1 bore grudge against the complainant. While so, on 10.05.2021 while the complainant and his friend were proceeding to meet their friend who was suffering with ill-health, petitioners along with other accused wrongfully restrained the complainant and his friend, armed with stones, sticks and knife and A-1 beat the complainant with a stone on his head, A-2 also beat him on his head and A-3 took a knife and assaulted him on his back with an intention to kill him and caused bleeding injuries. 3. Heard Sri D.Madhusudhan, learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondent-State. 4. Learned counsel for the petitioners submits that already other accused are arrested and granted with regular bail, as such, the petitioners' case may be considered. 5. On the other hand, learned Assistant Public Prosecutor submits that there is specific overt acts against the petitioners herein and even other accused are enlarged on regular bail. Hence, the petitioner is not entitled for pre arrest bail. 6. Taking into consideration the specific overt acts against the petitioners, this court is not inclined to grant pre-arrest bail to the petitioners. However, the counsel for the petitioners represented that the petitioners will surrender before the concerned Court and make appropriate application seeking bail. On such surrender, the applications of the petitioners seeking bail shall be considered by the competent court on the same day in accordance with law. 7. Accordingly, the Criminal Petition is disposed of. 8. Consequently, miscellaneous applications pending, if any, shall stand closed.