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Judgment
V. Srinivas, J
This petition is filed under Section 438 of the Criminal Procedure Code, 1973 seeking to grant anticipatory bail to the petitioners herein/A5 & A6 in Crime No.103 of 2024 on the file of the Station House Officer, Chandragiri Urban Police Station, Tirupati District, registered for the offences punishable under Sections 109, 143, 147, 427, 307, 324 and 452 read with 149 IPC.
Heard Sri N.Ashwani Kumar, learned counsel for the petitionersthrough video conferenceand the learned Special Assistant Public Prosecutor appearing for the respondent-State.
The complainant by name Marri Raju Kumar lodged a complaint against the accused/A1 to A14 as follows:
i) On 19.04.2024, at about 10.00 p.m., at D.No.6-66, A. Rangampeta Village, Chandragiri Mandal, Tirupati District, wherein A2 to A14 and some others, formed themselves into an unlawful assembly, armed with knives and sticks with the common object of killing the complainant on the instigation of A1, picked up a quarrel with the complaint, and assaulted him with deadly weapons due to a verbal fight that arose between the complaint and A1 over the damaging of the banner erected in front of the complaint’s new hotel.
ii) On seeing the attack of the accused, one Riyaz, a friend of Vinod, interfered in the matter to rescue the complainant from the accused, but the accused also assaulted him with the knives and caused a stab injury. Soon after, the injured person was shifted to the PHC, Naravaripalli village in an auto rickshaw for treatment.
iii) After a while, when the complainant was to his house, all the accused went there with evil intention to kill him with knives and hockey sticks, assaulted him indiscriminately, damaged the house hold articles, cooking and catering vessels in his hotel thereby caused loss to the complainant. Thereafter, the injured complainant was admitted to the RUIA Hospital, Tirupati.
Learned counsel for the petitioners/A5&A6 submits that the FIR do not contain the ingredients for the said offences; that they are falsely implicated in the said crimes; that there are no other allegations against the petitioners/A5&A6; that the allegations are frivolous and invented for the purpose of present complaint; that the petitioners herein are law abiding citizens having permanent resident at their village and they are sole bread winners of their family; and that will not evade the due process of law, if they are granted anticipatory bail. Therefore, learned counsel prays for grant of anticipatory bail.
Learned Special Assistant Public Prosecutor opposed for granting anticipatory bail to the petitioners herein inter alia stating that the investigation reveals the presence of the petitioners herein at the scene of offence at the time of the incident.
This Court, after hearing both the learned counsel, of the opinion that there are no allegations perse against the petitioners/A5 and A6 stating that they are likely to jump bail or that they will run away. However, the petitioners herein are the permanent residents of their village and there are no previous antecedents against them. Hence, this Court is of the opinion that they should be given anticipatory bail subject to certain conditions. The case involves an unlawful assembly and a fight between two groups of people.
Hence, considering the above facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners/A5 and A6
Accordingly, The Criminal Petition is allowed. The petitioners/A5 and A6 are directed to be enlarged on bail in the event of their arrest and their executing personal bonds for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two sureties for a like sum each to the satisfaction of the Station House Officer, Chandragiri Urban Police Station, Chandragiri, Tirupati District. In addition, the petitioners shall abide the following conditions:
i) The petitioners shall appear before the Station House Officer, Chandragiri Urban Police Station, Chandragiri, Tirupati District, twice a week on every Monday and Thursday at 10.00 a.m till the investigation is completed or two (2) months from the date of this order or whichever is earlier;
ii) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and
iii) The petitioners shall cooperate with the investigation.
As a sequel, miscellaneous applications pending, if any, in this Criminal Petition shall stand closed.