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2021 DIGILAW 525 (AP)

Somagaini Sreenivasulu v. State of Andhra Pradesh

2021-08-10

LALITHA KANNEGANTI

body2021
JUDGMENT : Lalitha Kanneganti, J. - This petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking regular bail to the petitioner/A-1 in connection with Crime No.220 of 2021 of Jammalamadugu (U/G) Police Station, Kadapa District, for the offence punishable under Sections 436 and 427 of IPC. 2. The case of prosecution is that a report was lodged by the de facto complainant who is President of Toddy Tapper Co-operative Society wherein it was stated that the said Society formed with 15 members and that the Government has granted license to sell toddy as such one toddy shop was opened on 12.06.2021 and that on 13.06.2021 the staff of Fire Office informed through mobile phone stating that their toddy shop is burning and immediately he started to their burning toddy shop. On the way, the complainant found the petitioner and some others going in group. The petitioner in the year 2009 attacked on them in respect of TCS toddy society at which time the President of Old Society by name Korrapati Subbarayudu revoked the said shop and again now they started TCS toddy Society by getting permission from the Government and Excise Department to sell toddy. When they started a toddy shop which was burnt causing damage of Rs.15,000/- and some articles were also committed theft. Basing on the said complaint, the present crime was registered and arrested the petitioner on 13.07.2021 and remanded him to judicial custody. 3. Heard Sri V.Nitesh, learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State. 4. Learned counsel for petitioner submits that only on suspicion the petitioner has been implicated in this case and during the last one month he is languishing in jail. He is implicated due to political differences between the parties. Except stating that suspicion of the de facto complainant there are no specific allegations mentioned in the remand report. Hence, his case may be considered for grant of bail. 5. Learned Assistant Public Prosecutor on the other hand submits that investigation is pending and so far 11 witnesses were examined. At this stage, the petitioner is not entitled for bail. 6. Taking into consideration where there are no specific overt acts against the petitioner except suspicion of the de facto complainant in the remand report, this Court deems it appropriate to grant bail to the petitioner. 7. At this stage, the petitioner is not entitled for bail. 6. Taking into consideration where there are no specific overt acts against the petitioner except suspicion of the de facto complainant in the remand report, this Court deems it appropriate to grant bail to the petitioner. 7. Accordingly, this Criminal Petition is allowed. The petitioner/ Accused shall be enlarged on bail in Crime No.220 of 2021 of Jammalamadugu (U/G) Police Station, Kadapa District, on his executing self bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the Court of the Judicial Magistrate of First Class at Jammalamadugu, Kadapa District. 8. Consequently, miscellaneous applications pending, if any, shall stand closed.