ORAL ORDER:

This petition, under Sections 437 & 439 Cr.P.C, is filed by accused Nos.2, 3, 7, 9, 20, 21, 22, 23, 24, 25, 26, 27 and 28 in Crime No.272 of 2023 on the file of Punganur Urban Police Station, Chittoor District, seeking their enlargement on bail.

2. The above crime has been registered for the offences punishable under Sections 109, 147, 148, 353, 332, 324, 307, 120-B, 427 & 436 read with Section 149 I.P.C. and Sections 3 & 4 of Prevention of Damage to Public Property Act, on the basis of the statement of one K. Ganesh, AR Police Constable 2808, working as Driver in DAR MT Section, Chittoor. The contents of the said statement, in brief, are thus: On 04.08.2023, the defacto complainant, along with 25 AR personnel, went on a police vehicle, viz., Eicher Bus bearing registration No.AP 18 P 0961, and reported before Punganur Police Station in connection with bandobasth duty on account of visit of Sri Nara Chandra Babu Naidu. As per the instructions of their superior officers, they proceeded to attend bandobasth duty near Bhimaganipalli Cross on the route leading to Punganur Town. He parked the said vehicle behind the barricades erected at the above place. At that time, an argument took place in between police officials and the party workers of Telugu Desam Party regarding permission for the entry of their leader into Punganur Town and during that time, accused No.1 shouted by saying that if the police are killed, their leader will be allowed to go into Punganur Town and instigated the party workers of Telugu Desam Party with his words, and thereupon, they removed the barricades, took out beer bottles, stones and sticks, which were already in their possession as per the conspiracy entered into between them, and made an attack on him and the police vehicle. Accused Nos.1 to 18 and other party workers of Telugu Desam Party came to the police vehicle, broke the front glass of the vehicle by attacking with beer bottles, stones and sticks, and pulled the defacto complainant out and attacked him with sticks and stones, due to which he sustained bleeding injuries. Other police officials and staff also sustained injuries in the said incident. The said mob of persons also set the police vehicle Eicher bus, worth about Rs.11,06,124/-, on fire.

3. Learned counsel for the petitioners contends that a false case has been foisted against the petitioners only due to political rivalry and that the allegations levelled would not attract the ingredients of Section 307 I.P.C. He further contends that no specific overt acts have been alleged against the petitioners. He further submits that the petitioners have been in judicial custody since 06.08.2023 and considering the circumstances, the petitioners may be enlarged on bail.

4. On the other hand, learned Additional Advocate General representing the State would strenuously oppose the application contending that series of attacks were made by the persons belonging to Telugu Desam Party on the fateful day.

5. This Court has perused the entire material available on record. As can be seen from the report lodged by the defacto complainant, there is no specific allegation as to the presence of petitioner Nos.5 to 13/A20 to A28 at the time of alleged incident. Considering the circumstances in its entirety and since the petitioners have been in judicial custody since 06.08.2023, this Court is inclined to enlarge the petitioners on bail, subject to certain conditions.

6. Accordingly, this criminal petition is allowed with the following directions:

(i) The petitioners are directed to be released on bail on their executing a personal bond for Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum each to the satisfaction of the learned I Additional Judicial Magistrate of First Class, Punganur.

(ii) On such release, the petitioners shall appear before the Station House Officer concerned once in a week, i.e., on every Sunday between 10.00 a.m. and 1.00 p.m., until further orders.

(iii)