The existence of civil disputes between the parties influenced the court's decision to grant anticipatory bail, indicating that the offense punishable under Section 307 of IPC would not prima facie apply.

JUDGMENT

Subba Reddy Satti, J. - This Criminal Petition under Section 438 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C') is filed to enlarge the petitioner/accused on anticipatory bail in the event of his arrest in Crime No.5 of 2022 of Nagalapuram Police Station, Chittoor District, registered for the offences punishable under Sections 499, 307 read with 511 of the Indian Penal Code, 1860 (for short 'I.P.C').

2. It is the case of the prosecution that the father of the accused borrowed an amount of Rs.10.00 lakhs from the de facto complainant and executed promissory notes. The de facto complainant demanded the father of the accused to repay the amount and also placed the matter before elders. The father of the accused declined to repay the amount. Resultantly, civil suits are filed before the trial Court and the trial Court granted attachment before judgment. The accused threatened the de facto complainant on 19.09.2021 by sending messages to take back the case. While so on 20.09.2021 at about 11.00 a.m., when he was at his house, the accused came with bill hook knife and tried to hack the de facto complainant. D.Rajendra and Koteswara Rao intervened and rescued the de facto complainant. The de facto complainant filed a complaint before the Judicial First Class Magistrate, Sathyavedu under Section 156(3) of Cr.P.C and the same was referred to police which was registered in the above crime.

3. Heard learned counsel for the petitioner and learned additional Public Prosecutor for the State.

4. Learned counsel for the petitioner would submit that civil suits are pending between the accused and the de facto complainant. The father of the accused filed I.P.No.4 of 2021 against the de facto complainant and two others and the same is pending. To settle the civil disputes, the present crime was registered with false averments. Hence, he would pray for grant of anticipatory bail to the petitioner.

5. Learned additional Public Prosecutor would submit that the act of the accused in trying to hack the de facto complainant would attract Section 307 of IPC and hence, he prays to dismiss the petition.

6. a perusal of the complaint would indicate that admittedly there are civil disputes between the complainant and the accused. The father of the accused also filed Insolvency Petition against the de facto complainant and two others. Going by the averments in the complaint and the submissions of learned counsel for the petitioner, prima facie it would not attract the offence punishable under Section 307 of IPC and hence, this Court is of the considered opinion that the petitioner is entitled for anticipatory bail.

7. accordingly, the Criminal Petition is allowed. The petitioner is ordered to be enlarged on bail in the event of his arrest in Crime No.5 of 2022 of Nagalapuram Police Station, Chittoor District on execution of self bond for Rs.20,000/-(Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the Station House Officer, Nagalapuram Police Station, Chittoor District. The petitioner shall co-operate with the investigation.