Gade Phani Raju vs State Of Andhra Pradesh

Ravi Cheemalapati, J

This Criminal Petition is filed under Sections 437 & 439 of Criminal Procedure Code (‘Cr.P.C.’ in short), seeking regular bail, by the petitioner/ Accused No.6 in Crime No.86 of 2022 of Narasaraopet II Town Police Station, Guntur District, registered for the offences punishable under Sections 302, 324, 323, 509 and 506 read with 34 IPC and Sections 3(1)(r), 3(1)(s), 3 (2)(va), 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (PoA) Act, 1989, (for short ‘SC and ST Act’).

The case of the prosecution, in brief, is that on 14.05.2022 at 2.00 a.m., a quarrel took place between Orsu Gopi (Akhil’s frined) and Veeranji on the issue of mortgage of motor cycle. At that time, the de facto complainant’s brother Akhil intervened and tried to separate them by pushing A.1 and Veeranji. A.1 kept the issue in his mind and at about 3.30 a.m., A.1 along with his friends went to the complainant’s house and called Akhil outside the house and beat him with hands, sticks and rods and abused his family members in filthy language and threatened them. Hence, the above crime was registered against the petitioner and other accused on 14.05.2022. Later, as the victim was died, Section 302 IPC and Section 3(1)(r) and 3(2)(V) of the SC and ST Act were added as per alternation Memo dated 18.05.2022.

Heard Sri Akula Sri Krishna Sai Bhargav, learned counsel for the petitioner, and Sri Soora Venkata Sainath, learned Special Assistant Public Prosecutor for the respondent-State.

Learned counsel for the petitioner, in elaboration, contended that the entire investigation is completed and A-7 and A-9 were granted bail and earlier bail applications filed by the petitioner i.e., Crl.M.P.No.863 of 2022, Crl.M.P.No.1076 of 2022 and Crl.M.P.No.1194 of 2022, were dismissed on 08.06.2022, 04.07.2022 and 22.07.2022 respectively. The sessions Court was pleased to dismiss the last bail application in Crl.M.P.No.1194 of 2022 on the ground that there are no major change of circumstances between the dismissal of the previous bail applications and the present bail application. Learned counsel for the petitioner contends that pursuant to the dismissal of the last bail application, the investigation in this case is completed and charge sheet has already been filed and thereby prayed for grant of bail.

On the other hand, the learned Special Assistant Public Prosecutor fairly conceded that investigation has been completed and as per his written instructions, charge sheet is being filed. But, however, opposed the bail application on the ground that the petitioner may not cooperate with the trial and he may threaten the witnesses and prayed for dismissal of bail. He would submit that a memo is served on the victim under Section 15A(3)(5) of the SC and ST Act and the same is placed on record.

Initially the offence punishable under Section 302 IPC is not there and it was later altered to 302 IPC and as the petitioner has been languishing in jail since 20.05.2022 and as the investigation in this case is completed and as there are changed circumstances in the present case and as already A-7 and A-9 were already grant bail, this court inclined to grant bail to the petitioner by duly taking the apprehensions made by the learned Special Assistant Public Prosecutor into consideration with the following conditions:

(i) The petitioner shall be released on bail on his executing self bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of the I Additional Junior Civil Judge, Narasaraopet;

(ii) The petitioner on release on bail shall appear before the Station House Officer, Narasaraopet II Town Police Station, Guntur District, once in a week on every Sunday between 9.00 a.m. and 12.00 noon till the commencement of trial.

(iii) The petitioner 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 not tamper the evidence and shall co-operate with the trial. Further, the petitioner shall scrupulously comply with the above conditions and if there is breach of any of the above conditions, it will be viewed seriously and it also entails cancellation of the bail and in such case, prosecution shall move appropriate application for such cancellation.

Accordingly, the Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed.