The absence of specific overt acts against the petitioner and the previous grant of bail to co-accused influenced the court's decision to grant pre-arrest bail.

JUDGMENT

Lalitha Kanneganti, J. - This petition is filed under Sections 438 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking pre-arrest bail to the petitioner/A-10 in connection with Crime No.100 of 2021 of Chirala I Town Police Station, Prakasam District, wherein the petitioner along with other accused is alleged to have committed the offences punishable under Section 147, 148, 341, 326, 307r/w 149 of the Indian Penal Code, 1860 (for short "IPC").

2. The case of the prosecution is that on 06.03.2021 in Chirala Town, about 30 persons including the petitioner/A-10 attacked th defacto complainant with iron rods and sticks and they left the place thinking that he was dead. While leaving the spot, the accused took away his cell phone, gold chain and rings. Thereafter he telephoned his friends, who in turn informed the same to the police. Then the police shifted him to Icon Hospital, where some tests including X-Rays were taken and later, as his condition was critical, he was shifted to Manipal Hospital, Guntur District, where he was admitted in ICU. Basing on the statement given by the defacto complainant, the above crime was registered.

3. Heard Sri U.Manivarun, learned counsel for the petitioner and learned Public Prosecutor for respondent-State.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has not committed any offence, muchless the alleged offences. He submits that the name of the petitioner is not reflected in the complaint and there are no specific overt acts attributed against the petitioner. He further submits that the petitioner has been falsely implicated in this case due to political motivations. He submits that A-1 and A-2 were already granted anticipatory bail by this Court on 17.06.2021, as such his case may be considered for grant of pre-arrest bail.

5. Per contra, learned Assistant Public Prosecutor submits that the investigation is in progress and the complainant sustained grievous injuries, as such the petitioner is not entitled for prearrest bail.

6. Taking into consideration the fact that there are no specific overt acts against the petitioner and further, A-1 and A-2 were already granted pre-arrest bail on 17.06.2021, this Court deems it appropriate to grant pre-arrest bail to the petitioner.

7. In the result, the criminal petition is allowed and the petitioner/A-10 shall be enlarged on bail in the event of his arrest in connection with Crime No.100 of 2021 of Chirala I Town Police Station, Prakasam District, on executing a bond for a sum of Rs.20,000/- (Rupees twenty thousand only) each with two sureties each for a likesum to the satisfaction of Station House Officer, Chirala I Town Police Station, Prakasam District. The petitioner shall cooperate with the investigation and shall not tamper with evidence.

8. As a sequel, all the pending miscellaneous applications shall stand closed.