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2023 Supreme(Online)(AP) 96
HIGH COURT OF ANDHRA PRADESH TUESDAY ,THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 10262 OF 2022 Between:
1. KURRI SIVA REDDY S/o Punna Reddy, aged 33, R/o D.No.1-20, Sirigiripadu, Guntur, Guntur District.
2. Panguluri Anjaiah,(A4) S/o Satyanarayana, aged 44, R/o D.No.4-147, Chintapalli, Karempudi, Guntur, Guntur District.
3. Julakanti Chiranjevi Reddy(A8) Shown as Julakanti Chiranjeeva Reddy in F.I.R. S/o. Madhava Reddy, aged 42, R/o. Narasaya Palem, Yerragondapalem, Erragondapalem, Prakasam, Prakasam District.
4. Pulusu Prathap Reddy,(A9) S/o. Hanimi Reddy, aged 41, R/o. D.No.15-1-518/2, Nehru Nagar Pt Line, Machela, Guntur, Guntur District.
5. Munna Rambabu,(A10) S/o. Yalamanda, Aged 37, R/o. 2-474, 21st ward, Macherla, Guntur District.
6. Mekala Biksham @ Dasu,(A11) Shown as Mekala Dasu in F.I.R.
S/o. Kotaiah, Aged 35, R/o. 2-53/2, Near water plant. Mutukuru Road, Durgi, Guntur District.
7. Rajaboina Madhusudhana Rao, (Al2) Shown as Rajaboyina Madhu in F.I.R S/o. Krishna Murthy, aged 48, R/o. D.No.2-90, Gottipalla, Veldurthi, Guntur, Guntur District.
8. Bhusani Venugopala Rao,(A13) Shown as Bhusani Venu in F.I.R. S/o.
Bollarao, aged 43, R/o. Athmakuru, Guntur, Guntur District.
9. Bandla Brahmaiah,(A14) Shown as Bandla Brahmam in F.I.R. S/o.
Bandla Venkateswarlu, aged 46, R/o. D.No.13-2-374, 13th ward, Railway station Road, Macherla, Guntur, Guntur District.
10. Chappidi Ramu,(A15) S/o. Venkateswarlu, aged 44, R/o.
Petasannigandla, Guntur, Guntur District.
11. Bandla Srinivasarao,(A16) Shown as Bandla Srinu in F.I.R. S/o.
Venkateswarlu, aged 42, R/o. D.No.13-2-374, 10-Ward, Railway Station Road, Macherla, Guntur, Guntur District.
12. Gontu Sumanth Kumar Reddy,(A17) Shown as Sumanth Reddy in F.I.R.
S/o. Gontu Adireddy, aged 39, R/o. D.No.7-177/11, Anandapeta, Guntur, Guntur District.
13. Nereti Veeraswamy,(A18) Shown as Nereti Veeraswamy in F.I.R.
S/o. Mallaiah, aged 46, R/o. D.No.2-193, Koppunuru, Guntur, Guntur District.
14. Goranda Nageswararao,(A19) Shown as Nageswara Rao in F.I.R. S/o. 2023:APHC:58 Venkateswarlu, aged 34, R/o. D.No.7-206, Pothuraju Gutta, DV Township, Petasannegandla, Karempudi, Guntur, Guntur District.
15. Duggempudi Janaki Ramaiah,(A20) Shown as Janaki Ramaiah in F.I.R.
S/o. Venkateswarlu, aged 44, R/o. Kolagutla, Durgi, Guntur, Guntur District.
16. Geeda Venkata Reddy, S/o. Pereddy, aged 56, R/o. D.No.1-46, Patleveedu, Veldurthi, Guntur, Guntur District.
17. Gogula Seetha Reddy, S/o. Pedda Pulla Reddy, aged 72, R/o. D.No.1-73, Manchikallu, Guntur, Guntur District.(A21) (A22)
18. Manjula Venkateswrlu,(A23) Shown as Venkateswarlu in F.I.R.
S/ o. Ramulu, aged 41, R/o. D.No.14-1-6/2, Santhi Nagar Ward-12, Macherla, Guntur, Guntur District.
19. Golla Suresh,(A24) Shown as Golla Suresh Yadav in F.I.R. S/o. Srinivasa Rao, Aged 35, R/ o. Inaparajupalle, Guntur.
...PETITIONER(S)
AND:
1. THE STATE OF ANDHRA PRADESH , (Macherla Town Police Station)
Rep. by the Public Prosecutor, High Court of Andhra Pradesh, Amaravati.
...RESPONDENTS Counsel for the Petitioner(s): P SAI SURYA TEJA Counsel for the Respondents: PUBLIC PROSECUTOR (AP)
The Court made the following: ORDER THE HON’BLE SRI JUSTICE K. SREENIVASA REDDY CRIMINAL PETITION NOs.10262 OF 2022, 10307 OF 2022 AND 10324 OF 2022
COMMON ORDER :
Since these Criminal Petitions are filed, under Section 438 of the Code of Criminal Procedure, 1973(for short, ‘CrPC’), by different accused in the crime viz. crime No.198 of 2022 of Macherla Town police station, they are being taken up together for disposal by way of this Common Order.
2. The petitioners in Criminal Petition No. 10262 of 2022 are A.2, A.4 and A.8 to A.24; the petitioners in Criminal Petition No.10307 of 2022 are A.5 and A.6, and the petitioners in Criminal Petition No.10324 of 2022 are A.1, A.3 and A.7 respectively, in the aforesaid crime.
3. Basing on a statement dated 16.12.2022 given by the informant Challa Mohan, police registered the aforesaid crime against 24 persons for the offences punishable under Sections 143, 147, 148, 324, 307, 506 and 149 of the Indian Penal Code, 1860 (for short, ‘IPC’).
The allegations, in brief, are as follows.
On 16.12.2022 at 6.00 PM, the informant and his friend Upputolla Srinivasa Rao were having tea at China Convent Centre. At that time, T.D.P. party people were coming from Ring Road side by raising slogans ‘Idemi Kharmara Babu’ by conducting a rally, and when some unknown persons threw stones on them, the accused and 100 others came to them as a mob and stated as to how dare to throw stones on them and who would come to their rescue if they kill them and they have been waiting for that opportunity. Saying so, by keeping in mind the previous petty disputes, they pounced on them. A.1, A.3, A.5 and A.6 provoked others to kill them, and all the accused together attacked the informant and Upputolla Srinivasa Rao with deadly weapons indiscriminately with an intention to kill them and beat with hands and legs. A.1 beat with a rod on the head of the informant and A.3 beat him with a stick, and they provoked other persons on which all others beat them indiscriminately and tried to kill them. They sustained bleeding injuries. A.7, saying that as to why they should be kept alive, threw a big stone on the chest of the informant. When Orsu Kishore and Thota Veeraiah came to their rescue, the said persons attacked them also and tried to kill them. At the intervention of passers-by and on raising cries, the said persons left the place stating that they would not leave them.
4. Heard Sri Posani Venkateswarlu, learned senior counsel appearing for the petitioners in all the Criminal Petitions and Sri Y.Nagi Reddy, learned Public Prosecutor appearing for respondent-State.
5. Learned senior counsel contended that number of persons have been roped into the crime with the aid of Section 149 IPC. He submitted that basing on the call given by Telugu Desam Party (TDP), the supporters of the party conducted an activity at Macherla town for educating the people against ill-deeds and undemocratic activities committed by the present administration. He further submitted that on a perusal of the complaint goes to show that sympathizers of TDP were attacked in order to prevent them from conducting the campaign, and as a part of retaliated measure, the alleged incident is said to have taken place. He submits that in pursuance of the attack, the petitioners herein filed another report as against the defacto complainant and others, which was registered as a case in crime No.199 of 2022 of Macherla Town police station for the offences punishable under Sections 149, 147, 148, 448, 427, 436, 323 read with 149 IPC. Learned senior counsel further submits that even accepting the entire allegations in the present complaint to be true, prima facie case for the offence punishable under Section 307 IPC would not attract for the reason that there is absolutely no intention or knowledge on the part of the accused to cause death of the informant, and that the incident is said to have taken place in a spur of moment, but the police, with a mala fide intention to deprive the petitioners of availing the right under Section 41A CrPC, mentioned the offence punishable under Section 307 IPC in the First Informati
