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2022 DIGILAW 548 (AP)

Bunga Sumil Dathu v. State of Andhra Pradesh

2022-06-15

VENKATESWARLU NIMMAGADDA

body2022
JUDGMENT Venkateswarlu Nimmagadda, J. - This criminal petition under Section 438 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C') is filed seeking pre-arrest bail to the petitioners/accused Nos.1 to 5 in the event of their arrest in connection with Crime No.80 of 2022 of Mandapeta Town Police Station, East Godavari District, registered for the offences punishable under Sections 341 and 307 read with 34 of I.P.C. 2. The case of the prosecution is that on 15.03.2022 at about 3:00 P.M., the de facto complainant, namely, Palivela Teja, while going to Mandapeta for taking Biryani, petitioners 1 to 4 herein/a.1 to a.4 wrongfully restrained him and attacked on him with an intention to kill him and all the accused stabbed on his back with knives due to which he received bleeding injuries and he was shifted to Government Hospital at alamuru. Hence, the crime is registered. 3. Heard learned counsel for the petitioners and learned assistant Public Prosecutor for the respondent-State. 4. Learned counsel for the petitioners submits that on 15.03.2022 at about 3:00 P.M., while the 1st petitioner herein along with his brother-in-law-Kommu Sandeep (a.2) and 2nd petitioner herein going to home at alamuru on his scooty and when they reached to Goddukaluva gattu, near HP petrol bunk, alamuru road, Mandapeta, the de facto complainant along with Sai and Marri Srinu hacked indiscriminately the brother-in-law of 1st petitioner, Kommu Sandeep with knives, which are brought by them and killed him. Then they escaped from the scene. The 1st petitioner gave a report, which was registered as Crime No.79 of 2022 for the offences punishable under Sections 302 and 307 read with 149 of I.P.C. as a counter blast to the said crime, the de facto complainant made a present report alleging that they were attacked by the petitioners herein and a crime was registered as Crime No.80 of 2022. He further submits that it is foisted as a counter blast to the report submitted by the petitioners herein. The de facto complainant and others are the aggressors and attacked with deadly weapons and killed brother-in-law of 1st petitioner and caused serious injuries to the 1st petitioner herein and 2nd petitioner escaped from scene of offence. as such there is no possibility of counter attack against the de facto complainant and others as alleged in the present report. The de facto complainant and others are the aggressors and attacked with deadly weapons and killed brother-in-law of 1st petitioner and caused serious injuries to the 1st petitioner herein and 2nd petitioner escaped from scene of offence. as such there is no possibility of counter attack against the de facto complainant and others as alleged in the present report. as such the petitioners herein are entitled for protection since the present crime is a counter blast and foisted one only. 5. Learned assistant Public Prosecutor submits that there are disputes between the groups yesterday two crimes were registered about attack and counter attack between the group of de facto complainant and petitioners herein and today also two crimes were registered between the same groups and one of the brother-in-law of the petitioners herein succumbed to death due to attack by the group of the de facto complainant herein. In view of the serious disputes between two groups, the petitioners cannot be enlarged on pre-arrest bail. 6. Having regard to the facts and circumstances stated above, the nature of offences are arisen out of serious disputes between the two groups. as stated by learned counsel for the petitioners, the de facto complainant and his group appear to be aggressors and cadre of party in power and they attacked the petitioners herein. as per the report of the complainant herein in Crime No.82 of 2022 of alamuru Police Station dated 14.03.2022, he was attacked by petitioner Nos.1, 2 and deceased along with others by breaking beer bottles, bricks (ituka) and with knife hacked him white and blue and he suffered serious and grievous injuries and admitted into Government General Hospital, alamuru. But contrary to the contents of that report and his sufferance, the very next day in the present report he stated that while he is going towards Mandapeta for getting biryani i.e., on 15.03.2022 at 3:00 P.M., he was stopped by the petitioners herein at Petrol Bunk near Mandapeta Tollgate he was attacked by the petitioners with knives and stabbed white and blue and cut down his ring finger. Then he was taken away by passers to the alamuru General Hospital, later for better treatment to Rajahmundry Hospital. Then he was taken away by passers to the alamuru General Hospital, later for better treatment to Rajahmundry Hospital. Having perused the report submitted by the 1st petitioner on 15.03.2022, which was registered as Crime No.79 of 2022 of Mandapeta Town Police Station, wherein the 1st petitioner reported that the de facto complainant herein, a.2-Sai and a.3-Marri Srinu hacked indiscriminately his brother-in-law- Kommu Sandeep with knives, which are brought by them and killed him due to old grudges and they also attacked petitioner Nos.1 and 2, but Pavan (2nd petitioner) escaped from the spot and he sustained multiple bleeding injuries on his body. at that time, a.4 to a.8 also participated and caused injuries to the 1st petitioner herein. after arrival of neighbours, all the accused escaped from the spot. The said report is registered as Crime No.79 of 2022, which is prior to the subject report submitted by the de facto complainant herein. 7. after going through both the reports, the present report submitted by the de facto complainant would be a counter blast to the report submitted by the 1st petitioner herein. The narration of incident by the complainant appears to be contrary to the report of the 1st petitioner since the only incident was occurred on that day and one person succumbed to death due to the attack made by the de facto complainant and other accused. 8. Learned assistant Public Prosecutor admitted that the brother-in-law of the 1st petitioner was killed at the incident and reported by the 1st petitioner herein, there might be altercations between two groups and the present report of de facto complainant is out of the said incident only. But he did not submit either wound certificate or record of the hospital regarding de facto complainant. The other omission found here is as per the de facto complainant he is only one person attacked by the petitioners' group. But as per the report of the 1st petitioner herein, he was accompanied by two others for making attack and caused death of the deceased. 9. On the other hand, learned assistant Public Prosecutor has not specifically urged for any police interrogation regarding the petitioners herein and also did not express any endeavour if the petitioners enlarged on bail, the witnesses can be influenced. 10. 9. On the other hand, learned assistant Public Prosecutor has not specifically urged for any police interrogation regarding the petitioners herein and also did not express any endeavour if the petitioners enlarged on bail, the witnesses can be influenced. 10. In view of the facts and circumstances and submissions made by both the learned counsel, this Court is prima facie satisfied that the petitioners herein are entitled for pre-arrest bail with some conditions. 11. accordingly, the Criminal Petition is allowed. In the event of their arrest in connection with the above crime, the petitioners/accused Nos.1 to 5 shall be released on bail on condition of executing a self bond for Rs.25,000/- (Rupees twenty five thousand only) each with two sureties each for a likesum each within a period of two (2) weeks from today to the satisfaction of the Station House Officer, Mandapeta Town Police Station, East Godavari District. On such, release, the petitioners shall appear before the said police station, twice in a week i.e., on every Wednesday and Saturday between 11:00 aM and 1:00 PM for a period of eight (8) weeks or till the date of filing of charge sheet, whichever is earlier. The petitioners shall cooperate with the investigation as and when required by the police. 12. Consequently, Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.