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2024 Supreme(AP) 1408

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V.R.K. KRUPA SAGAR, J.
Vetti Bogi and Ors. - Appellants
Versus
The State of Andhra Pradesh – Respondent
Criminal Petition Nos. 7089, 7090 and 7094 of 2024
Decided On : 21-10-2024

Advocates Appeared:
For the Appellants :A. Syam Sundar Reddy, Advocate
For the Respondent: Public Prosecutor.

The court established that the absence of criminal antecedents and completion of investigation justified granting bail, emphasizing the need for conditions to ensure compliance.

Headnote:(A) BNSS - Sections 480, 482, 483, 191(2), 191(3), 329(4), 118(1), 109, and 190 - Anticipatory and regular bail petitions filed in connection with a violent crime incident involving multiple accused and victims - The court emphasized the need for further justification for continued detention of accused with no criminal antecedents and the completion of investigative needs. (Paras 1-18)

(B) Bail - Considerations for granting bail - The court noted that the accused are permanent residents with no prior criminal records, and the risk of absconding is minimal, thus allowing bail with conditions. (Paras 16-18)

Facts of the case:
The petitions arise from a violent incident on 07.09.2024, involving rivalry between villagers, resulting in injuries and property damage. The FIR was lodged 18 hours post-incident.

Findings of Court:
The court found no further need for detention of the accused, allowing bail with conditions to ensure their availability for investigation.

Issues: The main issues included the justification for continued detention of the accused and the nature of the allegations against them.

Ratio Decidendi: The court ruled that the absence of criminal antecedents and completion of investigation justified granting bail, emphasizing the need for conditions to ensure compliance.

Result: Criminal Petition Nos. 7089, 7090, and 7094 of 2024 are allowed.

ORDER :

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

Crl.P.No.7089 of 2024:

1. This Criminal Petition under Sections 482 BNSS, has been filed by the petitioners/A1 to A3, A5, A6, A12, A13, A15 and A16 seeking anticipatory bail in connection with Crime No.102 of 2024 of K.V.B. Puram police station, Tirupathi District, registered for the offences punishable under Sections 191(2), 191(3), 329(4), 118(1) and 109 read with 190 BNS.

Crl.P.No.7090 of 2024:

2. This Criminal Petition under Sections 480 and 483 of BNSS, has been filed by the petitioners/A19 to A26 seeking regular bail in Crime No.102 of 2024 of K.V.B. Puram police station, Tirupathi District, registered for the offences punishable under Sections 191(2), 191(3), 329(4), 118(1) and 109 read with 190 BNS.

Crl.P.No.7094 of 2024:

3. This Criminal Petition under Sections 480 and 483 of BNSS, has been filed by the petitioners/A4, A7, A8, A9, A11, A17 and A18 seeking regular bail in Crime No.102 of 2024 of K.V.B. Puram police station, Tirupathi District, registered for the offences punishable under Sections 191(2). 191(3). 329(4). 118(1) and 109 read with 190 BNS.

4. Since the criminal petitions arise out of same crime and these criminal petitions were filed by same advocate, these criminal petitions are being disposed of with a common order.

5. Heard Sri A.Syam Sundar Reddy, learned counsel for the petitioners and the learned Assistant Public Prosecutor for the respondent/State.

6. Perused the record.

7. On hearing learned counsel on both sides and on perusal of the material on record, it is seen that in FIR No.102 of 2024 of K.V.B. Puram Police Station, Tirupathi District, there are about 26 accused. At a distance of 13K.M. from the police station the crime incident occurred at about 06.30 p.m. on 07.09.2024. There are multiple victims in this crime incident. The written information was lodged by one of them at12.00 noon on 08.09.2024 and was registered as FIR. It is also to be noticed that at about the same time Crime No.101 of 2024, Crime No.103 of 2024, Crime No.107 of 2024 and Crime No.109 of 2024 were also registered at the same police station.

8. These are two regular bail petitions and one anticipatory bail petition and all these accused are residents of Perindesam village (Harijanawada). The victims in FIR No.102 of 2024 belonged to Ragigunta village of KVB Puram Mandal. The dispute is stated to be out of rivalry between the villagers of Ragigunta and the villagers of Perindesam (Harijanawada). It is stated that residents of Perindesam are more in number and are highhanded and they intended to show their domination over the villagers of Ragigunta.

9. The allegations in the present crime incident are that the villagers of Ragigunta have been celebrating festival of Lord Vinayaka Idol. It was at about 06.00 p.m. in the evening on 07.09.2024 the villagers of Perindesam came there and the dispute between both the villagers sprung up since the festival colors fell on some of the villagers of Perindesam that resulted in some sort of heated discussion which was pacified by the elders in the village. The villagers of Perindesam left the place and returned by 06.30 p.m. itself and formed themselves into as un-lawful assembly and holding weapons such as sticks, stones and empty beer bottles attacked the villagers of Ragigunta and caused injuries to two individuals and those injuries were grievous in nature and caused injuries to a few others which are simple in nature and they have criminally trespassed into some of the houses and damaged various things.

10. During investigation, several witnesses were examined. The defacto complainant in FIR No.102 of 2024 himself brought and produced before the investigation officer all the weapons of that crime.

11. During investigation, police arrested seven accused on 09.09.2024 and eight accused on 10.09.2024 and they were produced before the learned Magistrate and they were remanded to judicial custody. Thus, two sets of accused who are in judicial custody moved their reg

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