O R D E R :

1. This Criminal Petition is filed by the Petitioners/A.4 and A.5 under Section 438 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C’) seeking anticipatory bail in Crime No.103 of 2023 of Kavali II Town Police Station, SPSR Nellore District, registered for the offences punishable under Sections 420, 341, 363, 307, 506 read with 34 Indian Penal Code, 1860 (for short, ‘I.P.C’).

2. Brief facts of the Prosecution case are that the Defacto Complainant is running a jewellery workshop pat Miryalaguda Town. He was informed by his regular customer by name Padma that some persons selling gold at Cheaper rate at Kavali Town of Nellore District. Then, he thought that if he buy the gold at cheaper price and sell them at higher price, he can come out from financial problems and have some money to his family expenses and also his business. He telephoned to A.1 and he offered that they are selling gold at Rs.35 Lakhs per KG, for which, he went to Kavali by taking Rs.4,00,000/- and he was asked to wait there, then A.3 came to him and they both went to the house of A.1 in a Auto, there the remaining accused were present and they took Rs.4,00,000/- from him and told that to bring another Rs.4,50,000/- as they will not sell the gold below 1/4th KG, for which, the defacto complainant went to his station and took the remaining money and given to the accused. Five months after giving the above said amount to the accused, one day the defacto complainant along with his wife went to the house of A.1, there A.1 to A.10 were present and they tied their hands and took them into the house of A.1 and took knives and axes and kept his leg on their neck and tried to kill them and made us scared and the accused took them near to the Railway track south side of Kavali Town in a car forcibly and thrown them on the railway track and threatened them not to come to Kavali. The amount involved in this case is Rs.8,50,000/-. On 08.11.2023 by watching the press meeting held by Superintendent of Police, Nellore, the defacto complainant lodged a report.

3. Learned counsel for the Petitioners/A.4 and A.5 submits that the Police are suspecting many gold smiths doing business and the persons making ornaments as well as purchasing and selling gold; several crimes are registered within a period of a week against several persons which include the petitioners; the ingredients of the alleged offences are not attracted against the Petitioners; ten persons taking the informant and his wife to a railway track in a car and threatening to kill them is humanly not possible without being identified by the public and law enforcing agencies; the alleged incident is said to have taken place in March, 2022, but the report is registered on 08.11.2023; the petitioners are implicated falsely as the son of

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the 2 petitioner, is a supporter of Telugu Desam Party; the offences alleged are less than seven years except the offence under section 307 of IPC which is not at all attracted even if the allegations are admitted; the said allegation is made only to avoid issuing section 41A of Cr.P.C., notice and to arrest the Petitioner so as to extract a confession and recovery based on such confession by manipulation. The counsel further submits that the attempt to invoke section 307 lacks the necessary elements, aiming to deny the Petitioners the benefit of the Judgment of Arnesh Kumar V. State of Bihar1.

4. Learned Assistant Public Prosecutor, for the Respondent-State opposed to grant bail to the Petitioners/A.4 and A.5 on the ground of investigation is pending; the ingredients of the section 307 of IPC are attracted to the facts of the present case; and if the Petitioners are enlarged on anticipatory bail, there is every possibility of tampering with the evidence. 5. Heard learned counsel for the Petitioners/A.4 and A.5 and the learned Assistant Public Prosecutor representing the Respondent/State.

6. Perused the material on record.

7. Learned Petitioners’ counsel raises concerns