ORDER :

The moot question that crops up for consideration of this Court in this Criminal Petition is whether the Magistrate granting bail under Section 436 of the Code of Criminal Procedure, 1973 (for short, ‘CrPC’), is empowered to cancel the bail under Section 437 (5) CrPC on the ground that the police altered Section of law from Section 324 read with of the Indian Penal Code, 1860 (for short, ‘IPC’) to Section 324, 307 read with 34 IPC.

2. Petitioners herein are accused in crime No.277 of 2020 of Kanigiri police station. Originally, the case was registered against the petitioners for the offence punishable under Section 324 read with 34 IPC on the allegation that there were longstanding disputes between the petitioners and the defacto complainant and others in respect of partition of lands, and on the date of the incident i.e. on 07.10.2020, at about 9.00 AM, when the petitioners were ploughing the land, which is in dispute, the defacto complainant and others questioned them not to plough the land, and in respect of that, a wordy quarrel took place; then, 2nd petitioner beat defacto complainant with an axe on head and beat one Pallapati Suryanarayana with an axe on right hand palm