IMPORTANT POINT
Grant of bail.

ORDER

1. Delay in filing the Special Leave Petition is condoned in Special Leave Petition (R)…. CRLMP nos. 18203-18204 of 2012, Special Leave Petition (R)….CRLMP no. 19162 of 2012 and Special Leave Petition (R)…. CRLMP no. 19175 of 2012.

2. Leave granted in all the Special Leave Petitions.

3. On 13.4.2011, Shri Akberuddin Owaisi, a sitting Member of the Legislative Assembly from the Chandrayangutta Constituency (hereinafter referred to as, the MLA), alongwith Government officials, is alleged to have visited Gurram Cheruvu area on Balapur road for inspection. The purpose of the inspection was to identify government lands which were under encroachment of private individuals. In the course of the aforesaid inspection, while on his way back, it is alleged that he halted near the patta lands of the family of the accused. Accused nos. 6 and 7 were present at the spot, at that time. Accused no. 6 allegedly objected to the MLA pointing out their lands to Government officials. This, in turn, resulted in a heated exchange of words between them, during which accused No. 6 allegedly warned the MLA of dire consequences.

4. On 14.4.2011, accused nos. 1 to 10 and 12 to 14 allegedly held a meeting at Omer Function Hall, Chandrayangutta, wherein they decided to eliminate the MLA. Accused no. 11 is alleged to have business investments in the lands in question. It is also alleged, that accused no. 11 supported the decision of the other accused, to eliminate the MLA.

5. On 30.4.2011, the MLA alongwith another MLA Shri Ahmed Bala and his supporters, after having concluded a meeting at the Corporator’s Office, were in the process of getting into their respective vehicles. It is alleged, that accused nos. 2 to 5, 7 to 10 and 13 to 15 had already gathered outside the Corporator’s office. As the MLA sat in his Maruti Gypsy, in order to stop the MLA from proceeding further, accused no. 2 is alleged to have driven his motorcycle and thrown it in front of the vehicle of the MLA. Thereafter, the accused are alleged to have attacked and beaten up the MLA with knives etc., causing him serious injuries. The accused are also alleged to have fired at the MLA from a revolver which resulted in injuries to him in the abdominal area. The remaining accused are alleged to have stopped those who tried to intervene to save the MLA. These remaining accused are also alleged to have caused injuries to the persons who tried to save the MLA and his supporters.

6. A police constable who had been deputed for the personal security of the MLA, is alleged to have fired at the assailants, resulting in bullet injuries to accused nos. 3 to 5.

7. The MLA was taken to Owaisi Hospital immediately after the incident. On the same day, at about 9 P.M., he was shifted to Care Hospital, Banjara Hills, Hyderabad. Accused nos. 3 to 5 who suffered bullet injuries, were taken to Yashoda Hospital, where accused nos. 3 and 5 were admitted for treatment. Accused no. 4 died due to bullet injuries suffered by him.

8. On 30.4.2011 itself, at about 2 P.M., Shri Mansoor Bin Mohammad Awalgi, Corporator of Barkas Division filed a complaint at Police Station Chandrayangutta, which led to registration of First Information Report (FIR) no. 135 of 2011 against 16 accused (actually 15, since accused No. 4 had died of bullet injuries). The aforesaid FIR was registered under Sections 147, 148, 324, 307 of the Indian Penal Code read with Sections 149 and 120 of the Indian Penal Code, as also, Section 27(1) of the Indian Arms Act.

9. It is also necessary to notice, that accused nos. 1, 2 and 6 are real brothers. They lived together at Barkas, Hyderabad. Accused nos. 3, 4, 5, 7, 8 and 13 are sons of accused No. 6. Accused no. 11 is allegedly a family friend and business partner of accused nos. 1 and 6. There is also a contrary version. It is the case of the accused, that the MLA and his supporters went to the house of accused no. 1 and tried to molest the womenfolk. The fight between the rival parties is stated