Adilakshmisudula vs State Of Andhra Pradesh

B. Krishna Mohan, J

The above Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short “the Cr.P.C.”) seeking pre-arrest bail to the petitioner in the event of her arrest in connection with Crime No.47 of 2023, dated 11.05.2023 of Veldurthy Police Station, Palnadu District, registered for the offences punishable under Sections 341, 447, 435 and 307 read with Section 34 of the Indian Penal Code, 1860. The petitioner is arrayed as accused No.3 in the above said offence.

The case of the prosecution is that when the de facto complainant was in centre of their village in the public, one Mr.Chinna Mallaiah threatened the de facto complainant saying that he would kill him if he does not return his land to him and on 10.05.2023 at about 10.30 A.M., the de facto complainant went to the land along with the tractor of Mr.Brahmaiah and kept his motor cycle under a tree in the premises. While he was ploughing the land with the tractor, accused entered into the land, used filthy language, threatened to vacate the land, otherwise he would burn the tractor proclaiming that they burnt the motor cycle of the de facto complainant and the de facto complainant immediately observed that the said vehicle was burning and the accused Nos.1 and 2 chased the de facto complainant with an axe and sticks and he ran away from the scene of offence and after consulting his family members, he lodged the complaint. Basing on the said complaint, the present crime was registered against the petitioner.

Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor for the respondent-State.

The learned counsel for the petitioner submits that in so far as the petitioner/A-3 is concerned, there are no specific overt acts attributed for the above said offences except uttering abusive words to vacate the said land addressing the de facto complainant. Since the petitioner is a lady and as no specific overt act is attributed, the present anticipatory bail application may be considered.

The learned Assistant Public Prosecutor submits that accused Nos.1 and 2 were arrested and they are in judicial custody.

In view of the above said facts and circumstances of the case, the Criminal Petition is allowed. In the event of her arrest, the petitioner/A-3 shall be enlarged on bail in connection with the Crime No.47 of 2023 of Veldurthy Police Station, Palnadu District, Andhra Pradesh subject to the condition that she furnishes two sureties for a sum of Rs.20,000/- (Rupees twenty thousand only) each for a likesum to the satisfaction of the Station House Officer, Veldurthy Police Station and she shall appear in the said Police Station once in a week on every Thursday between 10.00 A.M to 1.00 P.M till the charge sheet is filed.