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Judgment
T Mallikarjuna Rao, J
This Criminal Petition under Sections 437 and 439 of Cr.P.C., has been filed by the petitioners/A.1 to A.3, seeking regular bail in Crime No.37 of 2024 of Renigunta (U) Police station, Tirupathi District.
The above said crime was registered against the petitioners/A.1 to A.3 herein and others for the offence punishable under Section 341, 323, 506 read with 34 of Indian Penal Code (for short IPC).
The case of the prosecution is as follows:
The defacto complainant lodged a report stating that he is working as Line Inspector at AP TRANSCO, Renigunta, he along with his CBD gang after completion of their duties at Thandavada, all of them started to their office in a van. While so, at about 4.30 P.M. at Renigunta Jyothi Nagar, the accused persons were going fast on a bike and that suddenly they came across the van and stopped the vehicle. On seeing the same, their van driver applied sudden break and questioned the accused about the same, on that the accused persons on the bike abused them and attacked their gang and they all sustained injuries. Hence, the crime.
Learned counsel for the petitioner submits that as per the contents of the report the incident in question occurred all of sudden and the petitioners were not attributed to have any motive to commit the offence and the FIR does not disclose the user of any weapons in commission of offence.
Learned Assistant Public Prosecutor submits that the investigation is not completed and L.Ws.1 to 7 were examined.
Heard both sides. Perused the record.
As seen from the record and as pointed out by the leaned counsel for the petitioners, the incident in question occurred suddenly without any motive on the part of the accused when the driver of vehicle applied sudden break and the petitioners were proceeding on bike by that time. Reading of the report shows that van driver questioned the petitioners. When ascertained from the learned Assistant Public Prosecutor, he submits that the injured witnesses were treated as out-patients. The petitioners are shown to be resident of Renigunta village, aged 19 to 24 years. When it is ascertained from the learned Assistant Public Prosecutor, according to his instructions no antecedents have been reported. As the petitioners are shown to be permanent resident of Renigunta, there is no possibility of them from fleeing away the jurisdiction of the court and as most of the investigation is supposed to have been completed by this time and there is no life threat to the injured in the hands of petitioners, this court is inclined to grant bail to the petitioner with the following conditions :
i. The petitioners/A.1 to A.3 shall be released on bail on their executing a personal bond for Rs.20,000/- (Rupees twenty thousand only) each with two (02) sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Tirupathi;
ii. On release, the petitioners/A.1 to A.3 shall appear before the Station House Officer, concerned, once in a week i.e., every Sunday between 10.00 a.m. to 01.00 p.m. for a period of three (03) months;
iii. The petitioners shall not directly or indirectly contact or threaten the witnesses under any circumstances and any such attempt shall be construed as an attempt of influencing the witnesses and shall not tamper evidence and shall co-operate with the investigation;
iv. It is made clear that the petitioners shall scrupulously comply with the above conditions and breach of any of the above conditions will be viewed seriously and prosecution is at liberty to move an application for cancellation of the bail.
Accordingly, the Criminal Petition is allowed.