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Judgment
Ravi Cheemalapati, J
This Criminal Petition is filed under Sections 437 & 439 of Criminal Procedure Code (‘Cr.P.C.’ in short), seeking bail, by the petitioners/A2,A7, A9 and A10, in Crime No.249 of 2022 of Nellore Rural Police Station, Sri Potti Sriramulu Nellore District, registered for the offence punishable under Sections 143,147, 148, 307, 324 r/w. 149 of the Indian Penal Code.
The case of the prosecution, in brief, is that on 02.08.2022 the petitioners and other co-accused formed into an unlawful assembly and attacked the de facto complainant and his associates with deadly weapons, caused severe bleeding injuries and attempted to murder them, in view of previous disputes between both the groups and also in view of the dispute arose between the groups on 01.08.2022 regarding tying of a birthday flexi at their village. Hence, the above crime was registered.
Heard Sri C.Subodh, learned counsel for the petitioners/A-2, A-7,A-9 and A-10, and Sri Sravan Kumar Naidana, learned Special Assistant Public Prosecutor for the respondent-State.
Sri C.Subodh, learned counsel for the petitioners, would submit that, earlier, the petitioners filed Crl.M.P.No.1339 of 2022 for grant of bail and the same was dismissed by the learned Sessions Judge on 24.08.2022 on the ground that overt acts are attributed against the petitioners.
He would further submit that the report given by the 1st petitioner was registered as a case in Cr.No.248 of 2022 for the offences punishable under sections 143, 147, 148,307, 324, 323 read with 149 of Indian Penal Code against the prosecution party people herein and to overcome that case and only as a counterblast this case was foisted against the petitioners. He would further submit that the accused A6 to A-10 in counter case i.e. in Cr.No.248 of 2022 were granted bail by this Court vide orders dated 08.09.2022 passed in Criminal Petition No. 6876 of 2022. The petitioners in this case have been languishing in jail since 05.08.2022. They are law abiding citizens and they would abide by any conditions imposed by this Court and that substantial part of the investigation is completed and hence prayed to grant bail to the petitioners.
On the other hand, Sri Sravan Kumar Naidana, learned Special Assistant Public Prosecutor, would submit that specific overt acts are attributed against the petitioners and if they are granted bail, they may not cooperate with the process of investigation. Hence, prayed to dismiss the application.
Perused the report and considered the submissions made by both the learned counsel. There are case and counter-case. The report of the 1st petitioner/A-2 was registered as a crime wherein the prosecution party people herein were shown as accused. Some of the accused in the said crime were granted bail by this Court on 08.09.2022 in Criminal petition No.6876 of 2022.
Taking into consideration the period of judicial custody of the petitioners/A2, A7, A9 and A10 since 05.08.2022 and since some of the co-accused in the counter case were granted bail by this Court and as substantial part of the investigation is completed, this Court is inclined to grant bail to the petitioners, however, by taking care of the apprehension of the learned Special Assistant Public Prosecutor, on the following conditions:
(i) The petitioners/A2, A7, A9 and A10 shall be released on bail on their executing self bond for Rs.25,000/- (Rupees twenty five thousand only) each with two sureties each for a like sum each to the satisfaction of the IV Additional Judicial Magistrate of 1st Class, Nellore, SPSR Nellore District, in connection with Cr.No.249 of 2022 of Nellore Rural Police Station, Sri Potti Sriramulu Nellore District.
(ii) On such release, the petitioners shall appear before the Station House Officer, Nellore Rural Police Station, Nellore District, twice in a week i.e. on every Monday and Friday between 10.00 a.m. and 12.00 noon, till filing of the charge sheet;
(iii) Apart from that, the petitioners shall make themselves available to the investigating officer and shall report before him as and when directed for the purpose of investigation
(iv) The petitioners shall not directly or indirectly contact the complainant or any other witnesses under any circumstances and any such attempt shall be construed as an attempt of influencing the witnesses and shall co-operate with the process of investigation.
(v) Any infraction of the above conditions would entail cancellation of bail and the prosecution is at liberty to file application-seeking cancellation of bail.
Accordingly, the Criminal Petition is allowed.
As a sequel, pending miscellaneous petitions shall stand closed.