ORDER:

This criminal petition, under Section 438 Cr.P.C., is filed by the petitioner-accused No. 12 seeking to release him on bail in the event of arrest in crime No. 270 of 2023 of Punganur Urban Police Station, Chittoor District.

2. Heard Sri Balaji Medamalli, learned counsel appearing for the petitioner-accused No. 12, and learned Additional Advocate General, appearing for the respondent-State.

3. The above crime has been registered for the offences punishable under Sections 147, 148, 120-B, 353, 332 and 307 read with Section 149 IPC on the basis of the statement of one Nelli Bhaskar, Inspector of Police, CCS, Chittoor District, recorded by Inspector of Police, Punganur Urban Police Station, while the former was taking treatment in Punganur Government Hospital. The contents of the said statement, in brief, are thus: On 04.08.2023, de facto complainant was on bandobasth duty near Bhimaganipalli Cross on the route leading to Punganur Town and while he was attending to his duties at the said place, party workers of Telugu Desam Party came to Bhimaganipalli to welcome Sri Nara Chandra Babu Naidu, former Chief Minister. As part of their duties, the police erected barricades at the entrance of the road leading to Punganur Town from Madanapalle, so as to prevent any inconvenience being caused on account of vehicles coming from Punganur Town. Thereupon, accused No. 1, who is In-charge of Punganur Assembly Constituency, along with accused Nos. 2 to 39 and some other party workers of Telugu Desam Party came there and questioned as to why barricades were erected when their leader Sri Nara Chandra Babu Naidu has to go into Punganur Town and picked up an argument with the police personnel. Thereupon, de facto complainant and other police personnel replied that as per the tour programme and the instructions received by them, Sri Nara Chandra Babu Naidu would go to Chittoor through Punganur Bypass and as such, there is no permission to enter into Punganur Town. On hearing the same, the abovementioned persons and party workers of Telugu Desam Party, at about 4.30 p.m., picked up an argument with the police in an outrageous manner, demanding them to remove the barricades. When the police stated that they have no instructions to remove the barricades, accused No.1 got enraged and shouted that if the police are killed, they can facilitate their leader to go into Punganur Town, and accordingly, instigated the party workers of Telugu Desam Party with his words. On such instigation, the party workers of Telugu Desam Party have taken out beer bottles, stones and sticks, which were already in their possession as per the conspiracy entered into between them, removed the barricades and attacked the police. When de facto complainant tried to escape from there, they attacked him with sticks and stones with an intention to kill him, as he warned them not to enter into Punganur Town, and caused bleeding injuries on his head and blunt injuries on legs. Apart from de facto complainant, several other police officers and staff sustained bleeding injuries.

4. Learned counsel for the petitioner-accused No. 12 would contend that the petitioner has not committed any offence much less the offences alleged and a false case has been foisted against him only due to political rivalry; that the allegations levelled would not attract the ingredients of Section 307 IPC; that no specific overtacts have been alleged against the petitioner and that except the offence under Section 307 IPC, all other offences are not serious in nature and Section 307 IPC is added only to magnify the offence and therefore requests this Court to grant anticipatory bail to the petitioner.

5. On the other hand, learned Additional Advocate General appearing for the State vehemently opposed the petition contending that series of attacks were made by the persons belonging to Telugu Desam party on the fateful day.

6. This Court has considered the submissions made on either side and perused the record.