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2022 DIGILAW 549 (AP)

Khandavilli Pavan Kumar 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 and 2 in the event of their arrest in connection with Crime No.82 of 2022 of alamuru Police Station, East Godavari District, registered for the offences punishable under Sections 324, 323 and 506 read with 34 I.P.C. 2. The case of the prosecution is that on 13.03.2022 at about 4:00 P.M. the de facto complainant along with his friends are taking tea at Tea Time Shop, Kotthuru Center, then K.Pavan Kumar (a.1) of Dowleswaram called him over his phone and after coming to know about his presence at Koturu Center, Pavan Kumar along with B.Sunil Dathu (a.2), G.Swamy Prakasah (a.3), K.Sandeep (a.4) and G.Dinesh (a.5) came to the Tea Time Shop at 5:10 P.M.; that B.Sunil Dathu slapped him over his check and poured tea on him, then Sunil Dathu shouted to bring knife; that Sandeep brooked a beer bottle and Sunil Dathu folded his hands backside and Sandeep stabbed with beer bottle on the left shoulder; that Swamy Prakash proclaimed to kill him today at any cost and that all the others beat him with stones and caused bleeding injures. Hence, crime was registered. Later, the police altered the section of law by filing a memo and added Section 307 of I.P.C. 3. Heard learned counsel for the petitioners and learned assistant Public Prosecutor for the respondent-State. 4. Learned counsel for the petitioners submits that the subject crime was registered as a counter blast to the report submitted by one of the accused (a.4) i.e., Kommu Sandeep to the Station House Officer, alamuru Police Station at 5:30 P.M. on 14.03.2022 complaining that the de facto complainant herein, namely, Palivela Teja along with Sai, Lanka Vinay and Maari Srinu are jointly attacked on petitioner Nos.1 and 2 herein with broken bottle and with hands and legs and caused grievous injuries to them and they were admitted at Government Hospital, alamuru by their brother. Even though the said report was received by the police on 14.03.2022 at about 5:30 P.M., but not registered the crime immediately but registered as Crime No.83 of 2022 for the offences punishable under Sections 324 and 323 read with 34 of I.P.C. But the report of the de facto complainant, which was received by the police at 5:30 P.M. on 14.03.2022, immediately registered as Crime No.82 of 2022 for the offences punishable under Sections 324, 323 and 506 read with 34 of I.P.C. He further submits that the report submitted by the petitioners herein stated that the incident was took place at 4:30 P.M. on 13.03.2022 whereas the report submitted by the de facto complaint narrated the alleged incident has been taken place at 5:10 P.M. But the police registered the complaint of the de facto complainant much prior to the report submitted by the petitioners herein. But as per the time of the incident, which was narrated in both the complaints, shows that the attack against the petitioners is prior to the alleged attack said to have been taken place against the de facto complainant. But the de facto complainant and others are belong to the party in power and they prevailed upon police and got registered the complaint as a counter blast to the report submitted by the petitioners herein. In view of the said influence, they got altered the crime by adding Section 307 of I.P.C. to deny the right to get Section 41-a Cr.P.C. notice to the petitioners herein. as such, the petitioners are entitled for pre-arrest bail since it is a false complaint and as a counter blast to the report submitted by the petitioners. 5. Learned assistant Public Prosecutor submits that the report submitted by the de facto complainant herein is also same crime and registered as Crime No.82 of 2022 on the same day. Similarly, the report submitted by the petitioners was also registered as Crime No.83 of 2022 on the same day. Therefore, between two groups, there might be an attack and counter attack had been taken place. as such, he opposed the bail. 6. Having considered the above facts and circumstances and submissions made by learned counsel for the petitioners as well as learned assistant Public Prosecutor, this Court is of the considered view that the present complaint is a counter blast to the report submitted by the petitioners herein. as such, he opposed the bail. 6. Having considered the above facts and circumstances and submissions made by learned counsel for the petitioners as well as learned assistant Public Prosecutor, this Court is of the considered view that the present complaint is a counter blast to the report submitted by the petitioners herein. as submitted by learned counsel for the petitioners that the de facto complainant group got altered section of law and added Section 307 of I.P.C. by way of memo after some period. Due to lack of any evidence about the admission into hospital and lack of wound certificate, the ingredients of Section 307 of I.P.C. may not be attracted. The same further substantiates from that the de facto complainant if injured as alleged by him, he could not travel for biryani from alamuru to Mandapeta on very next day. as such the present report of the complainant is certainly a counter blast to the other complaint of petitioners. Hence, the petitioners are entitled for pre-arrest bail. 7. accordingly, the Criminal Petition is allowed. In the event of their arrest in connection with the above crime, the petitioners/accused Nos.1 and 2 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, alamuru Police Station, East Godavari District. On such, release, the petitioners shall appear before the said police station, once in a week i.e., on every 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. 8. Consequently, Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.