IMPORTANT POINT
Bail is a right, not a privilege, and should not be denied without substantial justification, especially when the investigation is complete.

ORDER :

(V.R.K. Krupa Sagar, J.) :

1. The criminal petition No.6295 of 2024 under sections 437 and 439 of the CrPC is filed by the petitioner/A83 to grant regular bail in connection with Crime No.650 of 2021 of Mangalagiri Rural Police Station of Guntur District for the offences punishable under Sections 147, 148, 452, 427, 323, 324, 506, 326, 307, 450, 380 read with 109, 120B, 149 of the IPC.

2. The criminal petition No.6306 under sections 437 and 439 of the CrPC is filed by the petitioner/A80 to grant regular bail in connection with Crime No.650 of 2021 of Mangalagiri Rural Police Station of Guntur District for the offences punishable under Sections 147, 148, 452, 427, 323, 324, 506, 326, 307, 450, 380 read with 109, 120B, 149 of the IPC.

3. Heard arguments of learned senior counsels, Sri Siddarth Dave, Sri P.Veera Reddy and Sri P.Sudhakar Reddy for petitioners and heard arguments of learned senior counsel, Sri Siddarth Luthra and learned Public Prosecutor, Sri C.Lakshmi Narayana for respondent/State.

4. Contesting the contentions in both the petitions, counters were filed by the respondent.

5. The brief facts of the case are

There are two prominent recognized political parties in the State of Andhra Pradesh. The crime incident in this case took place on 19.10.2021. By then, the YSR Congress Party was in power. The scene of offence is Andhra Pradesh State’s TDP office situate along NH6 Highway road, Athmakuru Panchayat, Mangalagiri Mandal. TDP was in the opposition when this incident occurred on 19.10.2021. FIR No.650 of 2021 was registered on the date of incident/19.10.2021. The incident allegedly occurred at about 5.30 pm in the evening. The petitioners along with 70 others belonging to YSRCP party came in cars and other vehicles and they were possessed of iron rods, hammers, hockey sticks etc. They reached the TDP State office and forcibly pushed aside the security guard and forcibly entered the front office and demolished the furniture. It is mentioned that several TDP workers were there in the building at that time. This mob of people attacked many TDP supporters and employees. There were about five injured. The statement of one of the injured persons was recorded at about 9.00 pm in Manipal hospital. Acting upon that statement, FIR was registered at about 11.00 pm. The FIR was registered for the offences under sections 147, 148, 452, 427, 323, 324, 506 read with 149 IPC. Police embarked upon the investigation. They identified several accused. Some witnesses were examined. Thereafter, electronic evidence was collected and the investigating officer on verifying the medical records and all other materials he collected had arrived at an opinion that the facts do indicate to him the operation of sections 326, 307, 450, 380 read with 109, 120B IPC. On 03.07.2024, he had filed a memo before the learned Judicial Magistrate of the First Class, Mangalagiri informing the court that the case has to be considered for these penal provisions also.

6. Sri N.Suresh Babu/A80 is formerly Member of the Parliament. Sri Avutu Srinivasa Reddy/A83 is a business man. Their essential contentions are that the crime was registered in the year 2001 and nearly three years thereafter they were arrested in the year 2024. They are falsely implicated and the record does not indicate any specific role allegedly played by them. Since they are supporters of YSRCP the present establishment purposefully implicated them by bringing in additional penal provisions before which time they were served with Section 41A Cr.P.C. notices to which there was due compliance on part of the petitioners.

7. The contentions of the State in opposing the prayer for regular bail of A80 are essentially on the following points:

He is earlier involved in 11 crimes. The details are furnished by the prosecution by way of a note.