HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE TWENTY SEVENTH DAY OF JUNE, TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE DR. JUSTICE: B. SIVA SANKARA RAO CRL.P. No. 6298 OF 2014 Between:
1. Vanjangi Venugopala Rao S/o Vanjangi Kurma Rao (A-1)
2. Vanjangi Kurma Rao S/o Late Appanna (A-2) Petitioners/A-1 & A-2 (in Cr, No. 129 of 2014 on the file of P.S. Tekkali, Srikakulam District) AND The State of Andhra Pradesh rep. by its Public Prosecutor, High Court at Hyderabad, through Tekkali Police Station, Tekkali, Srikakulam District.
Respondent/Complainant COUNSEL FOR THE PETITIONERS : Sri A.Ravi Shankar 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 direct the release of the petitioners/A-1 and A-2 on anticipatory bail in the event of their arrest in Crime No. 129 of 2014 of Tekkali Police Station, Srikakulam District.
THE COURT MADE THE FOLLOWING ORDER “This Criminal Petition is filed under Section 438 Cr.P.C by petitioners/accused Nos.1 and 2 in Crime No.129 of 2014 of Tekkali Police Station for the offences punishable under Sections 420, 324 506 read with 34 IPC.
2. Heard the Learned Counsel for the Petitioners and the Learned Additional Public Prosecutor for the Respondent-State and perused the material placed on record.
3. These petitioners are accused Nos.1 and 2 being father and son. The crime registered against them on the report of the de facto complainant as per the alleged occurrence has taken place at the house of the petitioners. The complaint of the de facto complainant shows the de facto complainant by name Anand Mahanti of Berhampur, is a broker in rice and paddy business and he was supplying paddy to the petitioners and the petitioners have fallen due an amount of Rs.10,39,751/-, out of Rs.32,89,751/- after part payment of Rs.22,50,000/-. As per the report, when the de facto complainant came for demanding the amount, the accused altercated and beat him and threatened to do away by creating panic, having cheated to part with the paddy and from the failure to pay the amount.
(Contd. 2. ) . 2 .
4. A perusal of the case diary shows there is injury sustained to the cheek of the de facto complainant. In fact, at perusal of the record, so also the enclosures by the petitioners with the bail application, shows on the report of the 2nd petitioner, police registered a case against the de facto complainant Anand Mahanti in Cr.No.128 of 2014 of Tekkali Police Station in saying at the same time and the place the said Mahanti came altercated with them and beat and the duty doctor at Government Hospital issued out-patient chit in favour of the 2nd petitioner herein on 19.05.2014 for complaint of pain and swelling over right eye brow said to have been hit by two known and four unknown persons with hands and stone. It is premature to decide who are aggressors and in whose version truth lies from the crime and counter crime under investigation by same police.
5. Taking into consideration of these factual matrix, the application is allowed granting anticipatory bail to the petitioners subject to the following conditions:
1. Petitioners/A.1 and A.2 shall execute a self-bond for Rs.25,000/- [Rupees twenty five thousand only] each with two sureties for the like sum each to the satisfaction of the arresting authority, otherwise giving liberty to the petitioners to submit before the Judicial Magistrate of First Class having the jurisdiction for taking to custody and enlarge. The bonds to be obtained are not only to appear before the Court pending investigation and after filing of final report in the form of charge sheet or the like for any enquiry/trial before said Court, but also by virtue of any transfer of proceedings for want of jurisdiction or otherwise before any other Court and even after trial before such Court to appear before provisional or appellate Court or other superior Court - vide decision - Pre-Legal Aid Committee, Jamshedpur vs State of Delhi 1982[2]APLJ 43(SC); so that at stage of committal or other proceedings obtaining of fresh bond from accused and even affidavits of sureties of bonds and solvency earlier produced are ratifying and in existence and enforceable, without even insisting their further presence, serves the purpose. Such recourse quickens the proceedings at such committal or other stages without loss of time and it also to some extent complies with the requirement of Section 437A CrPC.
(Contd. 3. ) . 3 .
2. Petitioners shall report before the Station House Officer, Tekkali Police Station, Seikakulam District, on every Sunday till filing of the charge sheet and thereafter once in a month on 1st Sunday till completion of trial/enquiry between 10.00 and 11.00 AM for assurance of their availability and non- interference in any manner with the witnesses.
3. Petitioners shall not enter the area where the victim and witnesses reside, until further orders being passed by the learned Magistrate relaxing the same empowering him by virtue of this order.
4. Petitioners shall attend before the Court of law regularly in enquiry and trial without fail, if not their bail shall be cancelled forthwith, without any further order so that, the Magistrate can also issue NBW by cancelling the bail from the power under section 439 [2] CrPC. delegated to the learned Magistrate by this order during pendency of proceedings before the Magistrate.
5. Petitioners shall not leave the State pending enquiry/trial without prior permission of the Court of concerned Magistrate/trial Judge.
6. Petitioners shall furnish their address with property and Bank Account particulars and submit their passport if any, after enlargement of bail on the next hearing date before the Magistrate Court concerned that can be even collected by police as part of their duty to investigate-also the means of accused and to furnish the same in the final report of investigation to enable the trial court in the event of considering the need of awarding compensation under section 357 Cr.P.C. So to award from such material and evidence, apart from securing presence if necessary by attachment and proclamation, besides for obtaining of bonds with sureties under section 437A CrPC. etc.), failing which it is open to the learned Magistrate concerned by virtue of the power conferred by this order to cancel the bail.
(Contd. 4. ) . 4 .
7. The bail now granted is since a regular one till end of trial (without prejudice to the right to cancel meanwhile in case of need and/or for non-compliance of conditions supra) any absence of petitioners as accused for hearing/enquiry or trial, issuance of non bailable warrant-NBW (unless cancelled before execution) and even its execution and production of accused as per the NBW; that does not tantamount to cancellation of bail including from the wording of Sec.439(2) CrPC. and as such in such event no fresh bail application can be entertained. As it tantamounts to only cancellation of bail bonds earlier executed, (leave about the power of the court to issue surety notices by forfeiting bonds and for imposing penalty on the bonds forfeited); the proper course is to direct the accused to work out the remedy to pay penalty on the previous forfeited bonds as per Section 441 to 446 CrPC. and to submit fresh solvency with self bond for enlarging him by release from custody on payment of penalty of the earlier bonds forfeited without need of enforcing against earlier sureties again.
6. Accordingly, the Criminal Petition is allowed.”
//TRUE COPY// To ASSISTANT REGISTRAR for ASSISTANT REGISTRAR
1. The Special Judge for trial of cases under SCs & STs (POA) Act, - cum – Additional District and Sessions Judge, Srikakulam
2. The Station House Officer, Tekkali Police Station, Srikakulam District.
3. Two CCs to Public Prosecutor, High Court, Hyderabad. (OUT)
4. One CC to Sri A. Ravi Shankar, Advocate (OPUC)
5. One Spare copy BV HIGH COURT DR.SSRB.J DATED: 27-06-2014 ORDER CRL.P.NO.6298 OF 2014 ACCORDINGLY THE CRIMINAL PETITION IS ALLOWED DRAFTED: BY BV DATED : 01-07-2014 HIGH COURT DR.SSRB.J DATED: 27-06-2014 ORDER CRL.P.NO.6298 OF 2014 ACCORDINGLY THE CRIMINAL PETITION IS ALLOWED