Mandla Harish Reddy, S/o. Mandla Venkata Chalapathi Reddy v. State of Andhra Pradesh, Rep. by its Public Prosecutor High Court Buildings Amaravathi
2021-11-03
D.RAMESH
body2021
DigiLaw.ai
ORDER : 1. This petition is filed under Section 438 of Code of the Criminal Procedure, 1973 (for short ‘Cr.P.C.’) seeking pre arrest bail to the petitioner/Accused-3 in the event of his arrest in connection with Crime No. 350 of 2021 of the Station House Officer, Renigunta Police Station, Tirupathi Urban, for the offences punishable under Sections 307, 506 r/w 34 of the Indian Penal Code, 1860 (for short ‘IPC’) and Sections 3(1)(r), 3(1)(s) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short SC&ST (POA) Act). 2. A report was lodged by the de facto complainant wherein it was stated that on 29.08.2021 at around 10:00 A.M. he met Jaya Krishna and two others at Ramana Vilas Circle, Kadapa Road, Renigunta. When he asked Jaya Krishna about supply of sand to Auto Nagar Giri, the said Jaya Krishna picked up a quarrel and abused him in the name of his caste. He also tried to stab the throat of the de facto complainant with an intention to kill him. But he escaped from stabbing. However, the de facto complainant sustained injury on the back side of his throat and the two persons who were with Jaya Krishna also abused him by naming his caste and tried to assault him. The de facto complainant escaped from them and filed complaint. Basing on the said complaint, the present case is registered. 3. Heard Sri. G. Ramesh Babu, learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State. 4. Learned counsel for the petitioner submits that the petitioner is working in 108 emergency help services as a Pilot in Chittoor District. On the alleged date of offence i.e. 29.08.2021, the petitioner is on duty at Nagari, Chittoor District. The petitioner has no acquaintance with the de facto complainant. Only because the petitioner is a friend of Accused No. 2, he was falsely implicated in the alleged crime. Even the name of the petitioner does not find place in the complaint given by the de facto complainant. Initially the FIR has been registered against accused No. 1 only and subsequently, the name of the petitioner is included as accused No. 3. The petitioner’s case may be considered for grant of pre-arrest bail. 5.
Even the name of the petitioner does not find place in the complaint given by the de facto complainant. Initially the FIR has been registered against accused No. 1 only and subsequently, the name of the petitioner is included as accused No. 3. The petitioner’s case may be considered for grant of pre-arrest bail. 5. On the other hand, learned Public Prosecutor submits that the petitioner is arrayed as an Accused basing on the statement of L.W-8, who has stated that prior to 29.08.2021 i.e. on 25.08.2021 some altercation has taken place between the de facto complainant and the Accused. 6. Even as per the instructions of the Additional Public Prosecutor, nothing is stated about the presence of the Accused at the scene of offence on 29.08.2021. 7. Having heard the learned counsel on either side and on perusal of the material on record, as rightly pointed out by learned counsel for the petitioner that the petitioner was not present on 29.08.2021 at Srikalahasti and further taking into consideration that only omnibus allegations are made against the petitioner, this Court deems it appropriate to grant pre-arrest bail to the petitioner. 8. Accordingly, this Criminal Petition is allowed. The petitioner/A-3 shall be released on bail in the event of his arrest in connection with Crime No. 350 of 2021 of the Station House Officer, Renigunta Police Station, Tirupathi Urban, on condition of executing self bond for Rs. 20,000/- (Rupees twenty thousand only) with two sureties for a like-sum each to the satisfaction of the Station House Officer, Renigunta Police Station, Tirupathi Urban. 9. Consequently, miscellaneous applications pending, if any, shall stand closed.