The main legal point established in the judgment is that the nature of injuries sustained and the presence of a case and counter case can be influential factors in granting pre-arrest bail.

JUDGMENT

Lalitha Kanneganti, J. - This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest bail to the petitioners/A2, A3, A5 and A6 in the event of their arrest in connection with Crime No.93 of 2021 of R.C.Puram Police Station, Tirupathi Urban, Chittoor District registered for the offences punishable under Sections 143, 147, 148, 307, 324, 427 and 188 read with 149 of the Indian Penal Code, 1860.

2. The case of prosecution is that a complaint was lodged wherein it was alleged the complainant is working as salesman in Sorakayalapalem Wine Shop and on 18.05.2021 at about 11:30 A.M. while he was in wine shop, A1 and A2 came and asked to give liquor on credit basis. When the complainant refused to give liquor on credit basis, A1 and A2 abused him in a filthy language and threatened him with dire consequences. The complainant's villagers interfered and sent them away. On the same day at 7:30 P.M. the petitioners along with A4 and A7 and some other unidentified persons formed into an unlawful assembly armed with bricks came to the complainant's house, picked up quarrel with him. A1 beat the complainant with brickbat on his head and caused bleeding injury while the other accused hurled the brickbats on him. When the complainant's parents and villagers interfered accused beat them with hands and caused blunt injuries. On seeing the Police, the accused escaped. Basing on the same, the present crime is registered, in which the petitioners are arrayed as A2, A3, A5 and A6.

3. Heard Sri D.Purna Chandra Reddy, learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondent-State.

4. Learned counsel for the petitioners submits that the present report is lodged as a counter blast to the attack which was made against the petitioners and the complaint, lodged by the accused in this case was registered as crime No.94 of 2021, as such this is a case and counter case. Learned counsel further submits that the complainant herein attacked the petitioners and to cover up their acts and to escape from the punishment, he lodged the present report by falsely implicating the petitioners.

5. Learned counsel for the petitioners further submits that petitioner No.4/A6 who is working as Driver in APSRTC was on duty on 18.05.2021 and 19.05.2021, on which dates the alleged attacks, took place, but he was also implicated in the case and this itself shows that the petitioners have been falsely implicated in this crime. As such the case of the petitioners may be considered for grant of bail.

6. Learned Assistant Public Prosecutor submits that the injuries sustained by the complainant in the present case are simple in nature and submits that investigation is pending. There are specific overt acts against petitioner Nos.1 to 3, as such they are not entitled for pre-arrest bail.

7. Taking into consideration the fact that this is a case and counter case and as the injuries sustained by the complainant are simple in nature, this Court deems it appropriate to grant pre-arrest bail to the petitioners.

8. Accordingly, this Criminal Petition is allowed. The petitioners/A2, A3, A5 and A6 shall be released on bail in the event of their arrest in connection with Crime No. 93 of 2021 of R.C.Puram Police Station, Tirupathi Urban, Chittoor District, on condition of executing self bond for Rs.20,000/- (Rupees twenty thousand only) each with two sureties for a likesum each to the satisfaction of the Station House Officer, R.C.Puram Police Station, Chittoor District.

9. Consequently, miscellaneous applications pending, if any, shall stand closed.