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2024 DIGILAW 1496 (AP)

Vetti Bogi v. State of Andhra Pradesh

2024-10-21

V.R.K.KRUPA SAGAR

body2024
ORDER : (V.R.K. Krupa Sagar, J.) Crl.P.No.7089 of 2024: 1. This Criminal Petition under Sections 482 BNSS, has been filed by the petitioners/A1 to A3, A5, A6, A12, A13, A15 and A16 seeking anticipatory bail in connection with Crime No.102 of 2024 of K.V.B. Puram police station, Tirupathi District, registered for the offences punishable under Sections 191(2), 191(3), 329(4), 118(1) and 109 read with 190 BNS. Crl.P.No.7090 of 2024: 2. This Criminal Petition under Sections 480 and 483 of BNSS, has been filed by the petitioners/A19 to A26 seeking regular bail in Crime No.102 of 2024 of K.V.B. Puram police station, Tirupathi District, registered for the offences punishable under Sections 191(2), 191(3), 329(4), 118(1) and 109 read with 190 BNS. Crl.P.No.7094 of 2024: 3. This Criminal Petition under Sections 480 and 483 of BNSS, has been filed by the petitioners/A4, A7, A8, A9, A11, A17 and A18 seeking regular bail in Crime No.102 of 2024 of K.V.B. Puram police station, Tirupathi District, registered for the offences punishable under Sections 191(2). 191(3). 329(4). 118(1) and 109 read with 190 BNS. 4. Since the criminal petitions arise out of same crime and these criminal petitions were filed by same advocate, these criminal petitions are being disposed of with a common order. 5. Heard Sri A.Syam Sundar Reddy, learned counsel for the petitioners and the learned Assistant Public Prosecutor for the respondent/State. 6. Perused the record. 7. On hearing learned counsel on both sides and on perusal of the material on record, it is seen that in FIR No.102 of 2024 of K.V.B. Puram Police Station, Tirupathi District, there are about 26 accused. At a distance of 13K.M. from the police station the crime incident occurred at about 06.30 p.m. on 07.09.2024. There are multiple victims in this crime incident. The written information was lodged by one of them at12.00 noon on 08.09.2024 and was registered as FIR. It is also to be noticed that at about the same time Crime No.101 of 2024, Crime No.103 of 2024, Crime No.107 of 2024 and Crime No.109 of 2024 were also registered at the same police station. 8. These are two regular bail petitions and one anticipatory bail petition and all these accused are residents of Perindesam village (Harijanawada). The victims in FIR No.102 of 2024 belonged to Ragigunta village of KVB Puram Mandal. 8. These are two regular bail petitions and one anticipatory bail petition and all these accused are residents of Perindesam village (Harijanawada). The victims in FIR No.102 of 2024 belonged to Ragigunta village of KVB Puram Mandal. The dispute is stated to be out of rivalry between the villagers of Ragigunta and the villagers of Perindesam (Harijanawada). It is stated that residents of Perindesam are more in number and are highhanded and they intended to show their domination over the villagers of Ragigunta. 9. The allegations in the present crime incident are that the villagers of Ragigunta have been celebrating festival of Lord Vinayaka Idol. It was at about 06.00 p.m. in the evening on 07.09.2024 the villagers of Perindesam came there and the dispute between both the villagers sprung up since the festival colors fell on some of the villagers of Perindesam that resulted in some sort of heated discussion which was pacified by the elders in the village. The villagers of Perindesam left the place and returned by 06.30 p.m. itself and formed themselves into as un-lawful assembly and holding weapons such as sticks, stones and empty beer bottles attacked the villagers of Ragigunta and caused injuries to two individuals and those injuries were grievous in nature and caused injuries to a few others which are simple in nature and they have criminally trespassed into some of the houses and damaged various things. 10. During investigation, several witnesses were examined. The defacto complainant in FIR No.102 of 2024 himself brought and produced before the investigation officer all the weapons of that crime. 11. During investigation, police arrested seven accused on 09.09.2024 and eight accused on 10.09.2024 and they were produced before the learned Magistrate and they were remanded to judicial custody. Thus, two sets of accused who are in judicial custody moved their regular bail applications in Criminal Petition Nos. 7090 and 7094 of 2024 respectively. The remaining accused filed Criminal Petition No.7089 of 2024 seeking pre-arrest bail stating that they are apprehending arrest. 12. Those accused who were arrested filed petitions for regular bail in Crl.M.P.No.149 of 2024 and Crl.M.P.No.148 of 2024 before the learned XII Additional District & Sessions Judge, Chittoor District at Srikalahasti. 7090 and 7094 of 2024 respectively. The remaining accused filed Criminal Petition No.7089 of 2024 seeking pre-arrest bail stating that they are apprehending arrest. 12. Those accused who were arrested filed petitions for regular bail in Crl.M.P.No.149 of 2024 and Crl.M.P.No.148 of 2024 before the learned XII Additional District & Sessions Judge, Chittoor District at Srikalahasti. By separate orders, dated 24.09.2024, the learned Additional Sessions Judge dismissed the said petitions stating that the dispute is in between two villages and police picket is prevailing to maintain law and order. It was mentioned that against the two villagers, five crimes came to be registered and therefore at that stage of the case it was thought inappropriate to grant them bail and therefore dismissed those petitions. Thereafter, those in custody filed these regular bail petitions. 13. Learned counsel for the petitioners submits that all the petitioners belonged to Perindesam (Harijanawada) and they are Scheduled caste and are poor and laborers and they are permanent residents of village and there are no criminal antecedents against any one of them and this is a case that emerged out of vengeance and as a counter blast. It is argued that in the hands of the opposite party some of these accused suffered injuries and they lodged FIR and that was registered as FIR No.101 of 2024 and the defacto complainant in the present case/FIR No.102 of 2024 is one of the accused in the said crime and as a counter blast this false case is initiated. 14. Learned Assistant Public Prosecutor submits that these accused not only caused injuries to various person but also criminally trespassed into the houses of the victims and caused damage and such acts of aggressions on their part disentitle them for bail at this stage. 15. Considering the facts on record and rival submissions made, the following aspects are to be stated. The crime incident occurred on 07.09.2024 at 06.30 p.m. However, it was only on 08.09.2024 with a delay of 18 hours written information in FIR No.102 of 2024 was lodged. Even according to the remand reports, there are cases and counter cases. Except mentioning in the remand reports that some of the accused sustained injuries the investigation officer has not disclosed the genesis of the crime. Thus, there is only a partial presentation of prosecution version. Even according to the remand reports, there are cases and counter cases. Except mentioning in the remand reports that some of the accused sustained injuries the investigation officer has not disclosed the genesis of the crime. Thus, there is only a partial presentation of prosecution version. It is undisputed that the scene of offence was examined and all the crime weapons were recovered and all the material witnesses were examined and the victims who allegedly sustained injuries were treated and discharged. 16. While the facts on record may have justified police to arrest some of the accused, their continued detention requires further justification. It is also undisputed that all the accused belong to Perindesam village and they are permanent residents and they have no criminal antecedents other then these cases. Moreover, the risk of absconding from legal process has not been the concern of the investigation agency also. Since Police Picket is stated to have been there, the question of further law and order problems is obviated. Since all the accused are now identified by the investigation agency and all the material that is required is collected the investigative need stands completed. In such circumstances, their appears no further need for continuance of detention of the petitioners in Criminal Petition Nos. 7089 of 2024 ceased to exist. In the above referred circumstances, custodial interrogation of those who are not arrested so far seem unnecessary. 17. In these circumstances, this Court is of the view that by imposing certain conditions, the prayers made in these three petitions can be granted. 18. In the result, the Criminal Petition Nos. 7089, 7090 and 7094 of 2024 are allowed with the following conditions: i. The petitioners in Criminal Petition Nos. 7090 and 7094 of 2024 shall be released on executing a personal bond for Rs.10,000/- (Rupees ten thousand only) each with two sureties for a like sum each to the satisfaction of the learned Additional Junior Civil Judge, Srikalahasti. ii. In the event of arrest of the petitioners in Criminal Petition No.7089 of 2024, they shall be enlarged on bail on their executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties for the like sum each to the satisfaction of the concerned arresting/ Investigating Officer. iii. ii. In the event of arrest of the petitioners in Criminal Petition No.7089 of 2024, they shall be enlarged on bail on their executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties for the like sum each to the satisfaction of the concerned arresting/ Investigating Officer. iii. After release, petitioners shall mark their attendance before the investigating officer on 1st and 15th of every month between 10.00 AM and 1.00 PM, for a period of three (3) months. iv. The petitioners herein/accused in FIR No.102 of 2024 should inform the police well in advance in the event of their entering into Ragigunta village of KVB Puram Mandal. v. The petitioners shall make themselves available for investigation as and when required and that they shall not cause any threat, inducement or promise to the prosecution witnesses. Miscellaneous petitions, if any pending, in the Criminal Petitions, shall stand closed.