HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE NINETEENTH DAY OF DECEMBER, TWO THOUSAND AND FOURTEEN :PRESENT:
THE HON'BLE SRI JUSTICE: C.PRAVEEN KUMAR CRLP .NO:15294 of 2014
Between:
Gopidesi Venkateswarlu, S/o. Rajaiah, AND . Petitioner/Accused No.5 The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court at Hyderabad . Respondent/ Complainant Petition under section 438 of Cr.PC., praying that in the circumstances stated in the memo of grounds fled herein, the High Court may be pleased to direct the Station House Officer of Yerragondapalem P.S, Prakasham District to release the Petitioner on bail in the event of his arrest in connection with the Crime No. 101 of 2014 of Yerragondapalem P.S, Prakasham District.
The petition coming on for hearing, upon perusing the Petition and the memo of grounds filed herein, and upon hearing the arguments of Sri Nageshwara Rao Pappu, Advocate for the Petitioner, and of Public Prosecutor (AP) for Respondent, the Court made the following.
ORDER:
The petitioner, who is A5, filed the present Criminal Petition under Section 438 Cr.P.C., seeking release in the event of his arrest in connection with Crime No. 101 of 2014 of Yerragondapalem Police Station, Prakasam District, registered for the offences punishable under Sections 427, 506, 509 read with Section 34 of IPC and section 3(i)(x) (xi) of SCs. & STs (POA) Act, 1989 .
The allegations in the report would disclose that, the informant was residing in a tin shed erected in Acs.5.00 farm field, which was granted by revenue authorities under rehabilitation scheme. The averments in the report also disclose that the Government allotted Acs.300.00 for tribals for their cultivation. It is stated in the report that t h e informant, along with others have raised various crops of pigeonpea, horsegram and cotton, etc. On 19.11.2014 at about 12.00 p.m., A1 to A4 along with others are alleged to have gone with their buffaloes and sheeps and allowed them to eat some of the crops raised by the informant and others. When the informant, her husband and others went to the field and questioned about the said incident, A1 is alleged to have stated that they are doing the said act as per the orders obtained by the petitioner from the Collector. They are alleged to have threatened the informant and others of dire consequences. There was an altercation, wherein, the A2, A3, A4 and others who were present, attacked and abused them. Basing on these allegations the above case came to be registered.
Heard the learned counsel for the petitioner and learned Public Prosecutor appearing for the respondent-State.
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A perusal of the averments in the first information report does not anywhere specifically disclose the presence of the petitioner at the scene of offence, except an allegation that the petitioner got orders from the Collector for grazing of sheeps in the said land.
In view of the above, I am inclined to grant anticipatory bail to the petitioner on certain terms and conditions.
Accordingly, the criminal petition is allowed. The petitioner is directed to surrender before the Station House Officer, Yerragondapalem Police Station, Prakasam District, within a period of ten (10) days from today, and on such surrender, he shall be released on bail on executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the Station House Officer, Yerragondapalem Police Station, Prakasam District.
As a sequel thereto, Miscellaneous Petitions, if any, pending shall stand closed.
//TRUE COPY// To Sd/- A. Suryaprakash Rao ASSISTANT REGISTRAR For ASSISTANT REGISTRAR
1. The Station House Officer, Yerragondapalem Police Station, Prakasham District
2. Two CCs to Public Prosecutor (AP), High Court, Hyderabad (OUT)
3. One CC to Sri Nageshwara Rao Pappu, Advocate (OPUC)
4. One spare copy Note: in the first para of the order “Section 3 (i) (x)(xi) of S.Cs and Sts (POA Act, 1989 is inserted as per order of the Court dated 31-12-2014 made in Crl.P.MP.No. 17878 of 2014. Substitute this amended order in place of previous order which was already dispatched on 22-12-2014.
Sd/- A. Suryaprakash Rao ASSISTANT REGISTRAR HIGH COURT CPK,J Drafted by: skm Drafted on: 22-12-2014 DATE: 19-12-2014 (amended date 31-12-2014) ORDER (amended order) CRL.P. No. 15294 of 2014 DIRECTION