IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THURSDAY, THE FIFTEENTH DAY OF MAY, WO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE: M. SATYANARAYANA MURTHY CRL.P. No. 5501 OF 2014 Between:
1. G. Chandramma W/o G. Ravi
2. G. Ravi S/o G. Chengaiah Petitioners/Accused Nos. 1 & 5 (in Cr No. 38 of 2014 on the file of Renigunta Urban P.S., Chittoor District) AND State of A.P., rep. by Public Prosecutor, High Court of A.P., Hyderabad.
Respondent/Complainant COUNSEL FOR THE PETITIONERS: Sri M. A.K. Mukheed COUNSEL FOR THE RESPONDENT : The Additional Public Prosecutor Petition under Section 438 of Cr.P.C., praying that in the circumstances stated in the petition and grounds filed herein, the High Court may be pleased to release the petitioners on bail in the event of their arrest in Crime No. 38 of 2014, dated 12-03-2014 on the file of Renigunta Urban Police Station, THE COURT MADE THE FOLLOWING ORDER “This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973, by the petitioners/A-1 and A-5 in Crime No.38 of 2014 of Renigunta Urban Police Station, Tirupati Urban District, apprehending their arrest in connection with the above crime as they alleged to have committed an offence punishable under Sections 353, 341, 355, 506 and 190 IPC.
2. The case of the prosecution is that the de facto complainant while working as Village Revenue Officer at G.Palyam Panchayat, on 12.03.2014 at about 11.30 a.m. when he verified the voters list and came to his chamber, R.I. Munikrishna, Kurra Kaluva Gramam, Padmanagar Ward Member Bharathi, W/o.Nagaraju, Aruna belongs t o Tirupathi Town, Molagimadi Talari Ravi with their support, Chandramma W/o.Ravi, pulled the de facto complainant and beat with him with chappal and also beat him on the head, abused him in filthy language and threatened with dire consequences. Basing on the complaint, police registered the above crime.
3. Learned counsel for the petitioners mainly contended that no specific overt act has been attributed against the 2nd petitioner/A-5 as he is a government employee. In case the 2nd petitioner/A-5 is arrested in connection with the above crime, it will affect his service.
4. The learned Public Prosecutor opposed the petition by contending that beating of de facto complainant with chappal itself is sufficient to connect the accused with the offence.
(Contd. 2. ) .2 .
5. Bare reading of the entire complaint, the 1st petitioner/A-1 at the alleged that at the instigation of the 2nd petitioner/A-5 beat the de facto complainant with chappal, abused him in filthy language. However, there is nothing on record to show the presence of the 2nd petitioner/ A-5 at the scene of offence directly and that he is an employee and supposed to be present at the time of alleged incident. Therefore, I find no prima facie material available on record against the 2nd petitioner/A-5 and find prima facie material available on record against the 1st petitioner/A-1 to connect her with the offence.
6. Taking into consideration of the gravity of offence, stage of investigation and nature of employment of the 2nd petitioner, I am of the considered view that it is a fit case to enlarge the 2nd petitioner/A- 5 on bail in the event of his arrest, while declining to grant pre-arrest bail to the 1st petitioner/A-1.
7. In the result, the petition is allowed in part directing the Station House Officer, Renigunta Urban Police Station to release the 2nd petitioner/A-5 on bail in the event of his arrest in connection with above crime on his executing personal bond for Rs.20,000/- with two sureties for the like sum each to the satisfaction of the said Station House officer, while declining to grant pre-arrest bail to the 1st petitioner/A-1.”
ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To
1. The III Additional Sessions Judge, Tirupati, Chittoor District.
2. The Station House Officer, Renigunta Urban Police Station, Chittoor District.
3. Two CCs to Public Prosecutor, High Court of A.P., Hyderabad. (OUT)
4. One CC to Sri M.A.K. Mukheed, Advocate (OPUC)
5. One Spare copy BV HIGH COURT MSM.J DATED: 15-05-2014 ANTICIPATORY BAIL CRL.P.NO.5501 OF 2014 BAIL GRANTED DRAFTED: BY BV DATED : 16-05-2014 HIGH COURT MSM.J DATED: 15-05-2014 ANTICIPATORY BAIL CRL.P.NO.5501 OF 2014 BAIL GRANTED