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2024 Supreme(AP) 1416

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V.R.K. Krupa Sagar, J.
Lella Appi – Petitioner
Versus
The State of Andhra Pradesh – Respondents
Criminal Petition Nos. 4548, 4537, 4583, 4628, 4710, 4796, 4808, 5294, 5297, 5303, 5329, 5349, 5351 and 5354 of 2024
Decided On : 04-09-2024

Advocates:
Advocate Appeared:
For the Petitioner: Naidu Siva Rama Krishna
For the Respondent: Public Prosecutor

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 process.

Headnote:(A) Criminal Procedure Code, 1973 - Section 438 - Bharatiya Nagarik Suraksha Sanhita, 2023 - Anticipatory bail - Petitioners sought anticipatory bail in connection with violent political incident involving multiple accused and serious charges including attempted murder and rioting - The court emphasized the need for a fair investigation and the impact of political dynamics on the case - The investigation was delayed, raising concerns about political interference - The court found sufficient evidence against the petitioners to deny bail. (Paras 2, 4, 27, 36)

(B) Political Violence - The court highlighted the responsibility of political parties to maintain peace and not resort to violence - The actions of the petitioners were deemed to have contributed to a serious breach of public order. (Paras 13, 27)

(C) Delay in Investigation - The court noted that while delay in investigation can affect the credibility of evidence, it did not apply in this case due to the nature of the crime and the evidence collected. (Paras 20, 24)

(D) Presumption of Innocence - The court reiterated that the presumption of innocence is a fundamental principle, but it must be balanced against the need for justice and public safety. (Paras 25, 27) (E)

Result: All criminal petitions are dismissed.

ORDER :

V.R.K. Krupa Sagar, J.

1. Since all the criminal petitions arise in the same crime and as they are heard together, they are now to be disposed of by this common order.

2. These Criminal Petitions, under Section 438 of Cr.P.C. (482 of Bharatiya Nagarik Suraksha Sanhita, 2023), are filed by the petitioners/A.39, A.30, A.31, A.78, A.51, A.80, A.100, A.86, A.85, A.88, A.94, A.95, A.81, A.83, A.92 and A.93 seeking anticipatory bail in connection with Crime No.650 of 2021 of Mangalagiri Rural Police Station, Guntur District. This case pertains to offences punishable under Sections 147, 148, 452, 427, 323, 324, 506, 326, 307, 450 and 380 read with 109, 120B, 149 I.P.C.

3. Heard arguments of learned counsels, Sri Naidu Siva Rama Krishna, Sri Kiran Tirumalasetti, Sri Varun Byreddy, Sri Y.Nagi Reddy, Sri Vijaya Lakshmi Pittu, Sri Gajjala Mallikarjuna Reddy, Sri Sasanka Bhuvanagiri, Sri S.Dushyanth Reddy, Sri Deepak Mishra, Sri Y.Nagi Reddy, Sri Ravi Chinnapureddy, Sri V.R.Reddy Kovvuri, Sri B.Sesibhushan Rao and the learned senior counsels, Sri Ponnavolu Sudhakar Reddy, Sri P.Veera Reddy for petitioners. Heard arguments of Sri Sidharth Luthra, the learned Senior Counsel for respondent-State and Sri Posani Venkateswarlu, the learned Senior Counsel appearing on behalf of respondent-state as they were appointed by the Government of Andhra Pradesh to argue the cases as per G.O.Rt.No.615, Home (Courts. A) Department, dated 12.07.2024. Heard arguments of the learned Public Prosecutor for respondent-State.

4. In every case of a crime, when the criminal justice machinery is put into motion, there emerge competing claims. State prays for the safety of its citizens and the citizens pray for their liberty from the inappropriate handling of investigation by the police officers. The rival contentions advanced in this bail application fall for assessment in the context of the following facts available from the record.

5. 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 Yuvajana Shramika Rythu Congress party (for short "YSRCP") was in power. The scene of offence is Andhra Pradesh State's Telugu Desam Party (for short "TDP") central 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. On 19.10.2021 morning LW.27- Sri Kommareddy Pattabhi made some statements against the then Chief Minister of the State. On the occurrence of this incident, on 19.10.2021 at about 5:20 P.M. the YSRCP leaders and their followers attacked the TDP party office and the supporters and employees working in the office with deadly weapons and damaged the furniture, doors, glass panels, vehicles in the precincts of the office. 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. In terms of Sections 41 and 41A Cr.P.C., notices were issued on 20.10.2021 to 25.10.2021 to accused Nos.1 to 29 as the offences for which the FIR was registered were punishable by imprisonment of less than seven years. It seems the statements of about eight witnesses were recorded during that phase of investigation. There was a lull in the investigation process. Years passed by. Democratic elections took place. The party in the opposition when this offence was committed won the mandate of the people and the party holding the power by the time of this offence is now in opposition.

6. Though the offence took place way back in the year 2021 and though about three years elapsed, the investigation did not conclude. Over a period,

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