O R D E R :

1. This Criminal Petition is filed by the Petitioner/A.6 under Section 438 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C’) seeking anticipatory bail in Crime No.107 of 2023 of Kavali II Town Police Station, SPSR Nellore District, registered for the offences punishable under Sections

420, 342, 307 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 doing milk business, he got acquaintance with A.2 at Kavali through Lalith Krishna of his village. He came to know from A.2 that they were selling gold at cheaper rate i.e. for Rs.38 Lakhs per KG. Believing the said words, on 08.04.2023, the defacto complainant along with his friend Lalith Krishna went to Kavali, met A.2 and thereby went to the house of A.1, there A.1 to A.6 were present. A.2 introduced himself as PA to A.1. A.1 fixed the price as Rs.38 Lakhs per KG and took Rs.16 Lakhs as advance by asking him to provide 2 Kgs gold. Later, the defacto complainant paid the remaining amount of Rs.39 Lakhs to A.1 by mortgaging his agricultural land. A.1 told him that 2 Kgs gold packing is not available and asked him to take 5 Kgs gold packet, believing the same, on 13.06.2023 he along with his wife went to the house of A.1 and paid Rs.51 Lakhs. Later, the defacto complainant along with the accused went to Railway Station, Kavali for receiving the gold where the accused shown some people wearing Police uniform and told that the Police may get caught them, so saying, the defacto complainant got into the train and left for Hyderabad. On 04.10.2023, the defacto complainant along with his friend Lalith Krishna went to the house of A.1 where A.1 to A.6 were present and asked them for gold or to return the money, by that time, the accused threatened and scolded and took them into a room in the house of A.1 and with an intention to kill them, A.2 and A.4 tied their hands to a chair and put clothes in their mouth and all the accused attempted to do away their lives with knifes and axes and threatened them not to come to Kavali. By watching the press meeting in YouTube on 09.11.2023 held by Superintendent of Police, Nellore, the defacto complainant lodged a report on

15.11.2023.

3. Learned counsel for the Petitioner/A.6 submits that due to political influence, police are implicating the petitioner in several false cases; the ingredients of the alleged offences are not attracted against the Petitioner; 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 allegation with regard to the said offence admitted also; 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 of IPC lacks the necessary elements, aiming to deny the Petitioner the benefit of the Judgment of Arnesh Kumar V. State of Bihar1; the person who is said to have transacted, did not give any report; the Petitioner is ready and willing to cooperate fully with the investigation and he is ready to furnish suitable security and abide by any conditions which the Court deem fit and proper.

4. Learned Assistant Public Prosecutor, for the Respondent-State opposed to grant bail to the Petitioner/A.6 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 Petitioner is enlarged on anticipatory bail, there is every possibility of tampering with the evidence.

5. Heard learned counsel for the Petitioner/A.6 and the learned Assistant Public Prosecutor representing the Respondent/State.

6. Perused the material on record.

7. Learned Petitioner's counsel raises concerns about the delayed registration of several similar offences against the Petitioner/accused. Learned Assistant Public Pro