Chinna Sheru vs State Of Andhra Pradesh

M. Ganga Rao, J

This criminal petition under Section 438 of Cr.P.C is filed by the petitioner apprehending arrest in Crime No.217 of 2021 of Kakinada I Town Police Station, East Godavari District, registered for the offences punishable under Sections 384 read with 511 & 506 read with 34 IPC and Section 67 of ITA-2000-2008.

The accusation made against the petitioner is that he along with A1 demanded Rs.5,00,000/-from the 2nd respondent - de facto complainant stating that they prepared a video and in case the de facto complainant do not pay the said amount, the same would be broadcasted in CVR news and would be circulated in You Tube also.

Heard learned counsel appearing for the petitioner and learned Additional Public Prosecutor appearing for the 1st respondent-State.

Learned counsel for the petitioner submits that no allegations are made against the petitioner in the complaint given by the 2 nd respondent, which attracts the offences enumerated in the F.I.R. There are personal disputes between the petitioner and the de facto complainant. On an earlier occasion both of them gave complaints against each other. The petitioner was granted station bail in Cr.No.17 of 2021 and Cr.Nos.251 & 232 of 2020. The petitioner is no way connected with A1. Petitioner went to CVR news channel for the purpose of debate only. The petitioner is neither directly nor indirectly involved in any of the offences.

Learned Addl. Public Prosecutor appearing for the respondent- State opposed the petition stating that the petitioner is involved in grave offence of extortion and he is not entitled for anticipatory bail.

As seen from the material placed on record, earlier there are personal disputes between the petitioner and the 2nd respondent - de facto complainant and cases and counter cases were also registered by them against each other. Therefore, prima facie this Court is of the opinion that there is every possibility of roping the petitioner in the present crime at the instance of the 2nd respondent - de facto complainant. In that view of the matter, this Court is inclined to grant anticipatory bail to the petitioner on certain conditions.

Accordingly, the Criminal Petition is allowed and the petitioner is directed to surrender himself before the III Additional Judicial Magistrate of First Class, Kakinada, on or before 25.10.2021 and on such surrender, he shall be released on bail on his executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousands only) with two sureties for a like sum each to the satisfaction of the learned Magistrate and on further condition that he shall cooperate with the police at the time of investigation.