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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V.R.K. KRUPA SAGAR, J.
Yarram Prasad Reddy, S/o. Sanjiva Reddy and Ors. – Petitioners
Versus
The State Of Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra Pradesh At Amaravati –Respondent
Criminal Petition Nos.6649, 6650, 6764 and 6810 of 2024
Decided On : 14-10-2024
Bail - Criminal Procedure - Sections 437, 439, 438 of Cr.P.C. and Sections 480, 483 of BNS - The court discussed the provisions for granting bail, emphasizing the need for a fair investigation and the implications of political motives in criminal cases.
Fact of the Case:
The case involves multiple bail petitions related to a violent incident between supporters of two political parties during a festival, resulting in injuries and arrests of several individuals.
Finding of the Court:
The court found that the investigation was biased and did not adequately address the injuries sustained by the accused, leading to a conclusion that the accused had made a case for bail.
Issues: Whether the accused should be granted bail considering the circumstances of the case and the nature of the investigation.
Ratio Decidendi: The court held that suppression of evidence and failure to consider the context of the incident undermined the prosecution's case, warranting the grant of bail.
Result: All bail petitions were allowed with conditions.
ORDER :
(V.R.K. Krupa Sagar, J.) :
These are two regular bail petitions and two anticipatory bail petitions pertaining to one crime incident.
2. Criminal Petition No.6649 of 2024, under Sections 437 and 439 of Cr.P.C. (New Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023), is filed by the petitioners/accused Nos.1 to 7, 9, 10, 12 to 15, 18, 21 to 25, 27 and 28 seeking regular bail in Crime No.80 of 2024 of Kurichedu Police Station, Prakasam District, registered for the offences punishable under Sections 191(2), 191(3),118, 115(2), 351(2), 109 and 333 read with 190 of BNS.
3. Criminal Petition No.6650 of 2024, under Section 438 of Cr.P.C. (New Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023), is filed by the petitioners/accused Nos.8, 16, 17, 19 and 26 seeking anticipatory bail in connection with Crime No.80 of 2024 of Kurichedu Police Station, Prakasam District, registered for the offences punishable under Sections 191(2), 191(3), 118, 115(2), 351(2), 109 and 333 read with 190 of BNS.
4. Criminal Petition No. 6764 of 2024, under Sections 437 and 439 of Cr.P.C. (New Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023), is filed by the petitioner/accused No.36 seeking regular bail in Crime No.80 of 2024 of Kurichedu Police Station, Prakasam District, registered for the offences punishable under Sections 191(2), 191(3),118, 115(2), 351(2), 109 and 333 read with 190 of BNS.
5. Criminal Petition No.6810 of 2024, under Section 438 of Cr.P.C. (New Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023), is filed by the petitioners/accused Nos.29 to 35 seeking anticipatory bail in connection with Crime No.80 of 2024 of Kurichedu Police Station, Prakasam District, registered for the offences punishable under Sections 191(2), 191(3), 118, 115(2), 351(2), 109 and 333 read with 190 of BNS.
6. Heard arguments of Sri Ponnavolu Sudhakar Reddy, the learned Senior Counsel representing Smt. Bugulu Sreeteja, the learned counsel for petitioners and Sri Neelothpal Ganji, the learned counsel representing on behalf of respondent-State.
7. Perused the record.
8. On 07.09.2024 it was Vinayaka Chaviti Festival. It was celebrated in Dekanakonda Village. Facts on record do show that among the villagers some of them are supporters of Telugu Desam Party and some of them are supporters of YSR Congress Party. The victim party in this case belonged to Telugu Desam Party. Near Ramalayam Temple they kept the idol of Lord Vinayaka. The crime incident is in two parts. The first part was on 09.09.2024 at about 6:00 P.M. The victim party were making arrangements for immersion of the idol and for that purpose they had procured a tractor and several people gathered for procession and they were making arrangements to keep the idol in the tractor and take it for procession. It was at that time men belonging to the opposite party came in a tractor and shouted at them to remove the tractor belonged to the victims party as it was obstructing the way for traffic. Though the victim party were pleading that they would complete the work within five minutes, they did not listen to it and they left their tractor there and went away from that place and thereafter within minutes scores of supporters of YSR Congress Party came and wielding sticks, rods, stones they attacked the victim party and caused injuries to two persons. After that they left the place. Thereafter with the help of police the victim party proceeded further with its programme of procession of carrying the idol of Lord Vinayaka.
9. The second part of the incident took place at 6:00 A.M. on 10.09.2024. All men of YSR Congress Party once again came with stones, glass bottles, iron rods and sticks and attacked the victim party stating that on the list night they could not kill even one of them and saying so they caused injuries to four individuals. They went upon the house of Sri Kurangi Venkatesh and started destroying the furniture in it and caused injuries to him and wh
The court established that a fair investigation is crucial in determining bail, especially in politically charged cases.
The integrity of the investigation is critical in bail considerations; if tampering or irregularities are present, bail may be denied.
The court established that the severity of charges and potential for witness tampering are critical factors in bail considerations, alongside the duration of pre-trial detention.
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.
The court denied anticipatory bail due to sufficient evidence of involvement in a politically motivated violent incident, emphasizing the need for public order and the integrity of the investigation ....
Anticipatory bail petitions under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 are not maintainable unless prima facie evidence exists, as per Sections 18 and 18....
The jurisdiction for anticipatory bail in caste atrocity cases is reserved for special courts under the Scheduled Castes Act, reaffirming the necessity for prima facie evidence for jurisdictional app....
The court established that the absence of criminal antecedents and completion of investigation justified granting bail, emphasizing the need for conditions to ensure compliance.
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