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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
T Mallikarjuna Rao, J.
K.Jairam Naidu - Appellant
Versus
State - Respondent
Criminal Petition No: 3246 of 2024
Decided On : 09-05-2024
Bail - Criminal Petition - Sections 341, 323, 324, 307 r/w 34 of IPC and Section 3(1)(r), 3(1)(s), 3(2)(v) of SC/ST (POA) Act - The court discussed the provisions of the Indian Penal Code related to assault and attempted murder, as well as the specific sections of the SC/ST (Prevention of Atrocities) Act. The interpretation of these provisions influenced the court's decision to grant bail to the petitioner, considering the lack of direct involvement and the need for bail pending trial.
Fact of the Case:
The case involved an assault on a person belonging to the ST caste, allegedly by the petitioner and others, with apparent intent to kill. The petitioner sought bail, claiming political motivations behind the accusation.
Finding of the Court:
The court found that there was no direct evidence of the petitioner's involvement in the alleged attack and that the investigation lacked substantial efforts to gather independent witness perspectives. It also noted the political tensions between the parties involved.
Issues: The issues revolved around the petitioner's alleged involvement in the assault, the conduct of the investigation, and the potential political motivations behind the accusation.
Ratio Decidendi: The court decided to grant bail based on the lack of direct evidence implicating the petitioner, the incomplete investigation, and the potential political motivations behind the accusation.
Final Decision: The court granted regular bail to the petitioner under specific conditions, considering the lack of justifiability for further pretrial incarceration at that stage.
ORDER
T Mallikarjuna Rao, J. - This Criminal Petition under Section 437 and 439 of Cr.P.C., has been filed by the Petitioner/A.1, seeking regular bail in Cr.No.144 of 2024 of Anantapuram I Town Police Station, Anantapuram District.
2. The above crime was registered against the Petitioner and others for the offence punishable under Sections 341, 323, 324, 307 r/w 34 of IPC and Section 3(1)(r), 3(1)(s), 3(2)(v) of SC/ST (POA) Act.
3. The prosecution's case, in brief, is that this is a case of assault on ST caste person by restraining wrongfully and attempted to murder that occurred on 30.04.2004 at about 04.30 PM at R.K.Colony, Ananthapuramu and reported on 30.04.2024 at 07.45 pm. According to the Prosecution, the Complainant was riding a motorcycle with his friend Ravi, en route to attend an election campaign event for Sri Anantha Venkata Rami Reddy, a candidate contesting the Ananthapuramu urban Assembly Constituency on behalf of YSRCP at Suseel Reddy colony. At that time, A.1 and his 13 followers, associated with TDP, allegedly restrained the victim, subjected him to castebased verbal abuse, and attacked him with sticks and stones, with apparent intent to kill him. Additionally, women accused purportedly sprayed chili powder into the victim's eyes and indiscriminately assaulted him. Upon hearing the Complainant's cries, residents of the colony intervened and rescued him. As a result of the assault, the Complainant suffered bleeding injuries to his head, hands, and legs. Furthermore, the accused have also targeted Ravi as well, spraying chili powder on him, pushing him down, and beating him. Subsequently, the Complainant was transferred to GGH, Ananthapuramu for medical treatment.
4. The learned counsel representing the Petitioner argues that political differences between candidates supported by the YSRCP and TDP have fueled the situation. It is highlighted that the Petitioner, formerly aligned with the ruling party, has recently switched allegiance to the TDP and assumed the role of State Secretary within the party. The contention further suggests that the Defacto Complainant's accusation is unfounded, motivated solely by a desire to prevent the Petitioner from engaging in election campaigning and serving as an election agent for the TDP's candidate
5. In contrast, the Learned Assistant Public Prosecutor asserts that the investigation remains incomplete and expresses concern that releasing the accused could impede the investigative process
6. I have heard both sides. Learned counsel on both sides reiterated their submissions on par with the contentions presented in the petition as well as in the report.
7. As seen from the material on record, it is undisputed that the Petitioner recently shifted allegiance to the TDP. Furthermore, it is evident that the Defacto Complainant aligns with the YSRCP, and his spouse is actively involved with the party. Political tensions between the followers of the YSRCP and the Petitioner, along with his supporters, are apparent from the records.
8. The Prosecution alleges that, on 30.04.2024, while a member of the YSRCP and the Petitioner were traveling on a motorcycle, they were obstructed by the Accused persons and others, purportedly motivated by political animosity. However, it is crucial to note that there is no assertion from the Prosecution that the Petitioner directly participated in the alleged attack against the Defacto Complainant and others. The Prosecution's contention that the Petitioner instigated the other accused individuals and is responsible for the attack.
9. The learned counsel representing the Petitioner contends that, according to the Prosecution's narrative, the alleged incident occurred on 30.04.2024 at 04:30 PM. On that very day, in accordance with the compulsory provisions of the SC/ST Act, the Superintendent of Police appointed Sri M.Ananthappa, Deputy Superintendent of Police, as the investigating officer. The investigating promptly initiated the investigation and examined t
The court established that in bail applications, the nature of accusations and the progress of investigation are critical factors, and undue delay in investigation may favor granting bail.
The court emphasized that prolonged detention without conclusive evidence and the absence of flight risk warrant the granting of bail.
Anticipatory bail should be granted only in exceptional circumstances, considering the seriousness of the charges and the potential for witness tampering.
The court reaffirmed that the presumption of innocence and the right to bail are fundamental, particularly when evidence is insufficient to justify continued detention.
Bail granted when investigation progresses and custodial period is significant, with strict conditions imposed.
Anticipatory bail should only be granted under exceptional circumstances; the court must consider the nature of accusations, the applicant's history, and potential risks to public safety and the inve....
The integrity of the investigation is critical in bail considerations; if tampering or irregularities are present, bail may be denied.
The court's decision emphasized the importance of considering individual circumstances and imposing appropriate conditions when granting bail in criminal cases.
Anticipatory bail can be granted if no prima facie case of caste atrocity is established, despite the restrictions under the SC and ST Act.
Bail is a right, not a privilege, and should not be denied without substantial justification, especially when the investigation is complete.
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