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2023 Supreme(Online)(AP) 19247

HIGH COURT OF ANDHRA PRADESH FRIDAY ,THE TWENTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE SRI JUSTICE K SURESH REDDY CRIMINAL PETITION NO: 8022 OF 2023 Between:

1. C.SUBRAMANYAM NAIDU S/o. Musalaiah, Aged 55 yrs, R/o. Kammapalli village, Kanduru Post, Somala Mandal, Chittoor District ...PETITIONER(S)

AND:

1. THE STATE OF ANDHRA PRADESH rep by its Public Prosecutor, High Court of Andhra Pradesh, At Amaravati ...RESPONDENTS Counsel for the Petitioner(s): D PURNACHANDRA REDDY Counsel for the Respondents: PUBLIC PROSECUTOR (AP)

The Court made the following: ORDER HON’BLE SRI JUSTICE K.SURESH REDDY CRIMINAL PETITION No. 8022 OF 2023

ORDER:

This criminal petition, under Section 438 Cr.P.C, is filed by the petitioner-accused seeking to release him on bail in the event of arrest in crime No. 272 of 2023 of Punganur Urban Police Station, Chittoor District.

2. Heard Sri D.Purna Chandra Reddy, learned counsel appearing for the petitioner-accused, and learned Additional Advocate General, appearing for the respondent-State.

3. The above crime has been registered for the offences punishable under Sections 109, 147, 148, 353, 332, 324, 307, 120-B, 427 and 436 read with Section 149 IPC and Sections 3 and 4 of Prevention of Damage to Public Property Act, on the basis of the statement of one K.Ganesh, Armed Reserve 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, de facto 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, former Chief Minister. 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 de facto 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.

4. Learned counsel for the petitioner-accused 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 and Section 307 IPC is added only to magnify the offence and that no specific overtacts have been alleged against the petitioner and therefore requests this Court to grant anticipatory bail to the petitioner-accused.

5. On the other hand, learned Additional Advocate General representing the State would strenuously oppose 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 perused the entire material available on record. As can be seen from the statement of de facto complainant, on the basis of which the present crime has been registered, no specific overtacts have been alleged against the petitioner-accused. In that view of the matter, this Court is inclined to grant anticipatory bail to the petitioner-accused with certain conditions.

7. The petitioner-accused is, therefore, directed to surrender before the Station House Officer, Punganur Urban Police Station, Chittoor District, within a period of two weeks from today. On such surrender, the petitioner-accused is ordered to be released on bail on his executing a personal bond for Rs.10,000/- with two sureties for the like sum each to the satisfaction of the Station House Officer, Punganur Urban Police Sta

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