KATTEMPUDI ABHINASH @ ABHI vs THE STATE OF ANDHRA PRADESH

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Online)(AP) 12113

HIGH COURT OF ANDHRA PRADESH MONDAY ,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE SRI JUSTICE K SURESH REDDY CRIMINAL PETITION NO: 4889 OF 2023 Between:
1. KATTEMPUDI ABHINASH @ ABHI S/o. Satyanarayana Q Satyanandam, Aged 19 years, Occ. Contract Labour, R/o.D.No.23-372, Sweepers Colony, Vinukonda Town, Palnadu District.
2. Jonnalagadda Prakasham Prakash, S/ o.Lakshmaiah, Aged 19 years, Occ. Contract Labour, R/o.D.No.2-129, Agnigundala Village, Vinukonda Mandal, Palnadu District.
...PETITIONER(S)
AND:
1. THE STATE OF ANDHRA PRADESH Rep. by its Public Prosecutor, High Court of Andhra Pradesh, At Amaravathi.
...RESPONDENTS Counsel for the Petitioner(s): V V LAKSHMI NARAYANA Counsel for the Respondents: PUBLIC PROSECUTOR (AP)
The Court made the following: ORDER THE HON’BLE SRI JUSTICE K. SURESH REDDY CRIMINAL PETITION No. 4889 OF 2023

ORDER:

This Criminal Petition, under Sections 437 and 439 of Cr.P.C., has been filed by the petitioners/Accused Nos.1 and 5, seeking regular bail in Crime No.143 of 2023 of Vinukonda Police Station, Palnadu District. The above Crime was registered against the petitioners herein and others for the offences punishable under Sections 452, 307, 427, 506 read with 34 IPC.

2. Brief facts of the case are that, the defacto complainant is a resident of Vinukonda town and he is eking out his livelihood by doing mobile phone business under the name and style of ‘Manju Mobiles’. While so, on 06.06.2023 at about 8:30 P.M., the defacto complainant went out of his shop to answer calls of nature. At that juncture, there was an altercation between the petitioners and the defacto complainant. Thereafter, Accused Nos.1 and 5 beat the defacto complainant and left the scene. After sometime, Accused Nos.1 and 5 along with their friends, who are Accused Nos.2 to 4 and 6 to 8 came there and beat the defacto complainant indiscriminately. Subsequently, on hearing the cries of the neighbours, all the accused left the scene. Thereafter, the defacto complainant was taken to Government Hospital, Vinukonda and from there to a private nursing home for better treatment.

4. The learned counsel for the petitioners contended that the injuries received by the defacto complainant are simple in nature. It is only to magnify the offence, the police introduced Section 307 IPC. It is also submitted by the learned counsel for the petitioners that all the other accused were granted either Anticipatory Bail or Regular Bail. Further, the petitioners are in judicial custody since 10.06.2023 and he requested this Court to enlarge the petitioners on bail.

5. On the other hand, the learned Assistant Public Prosecutor, on instructions, states that the injuries received by the defacto complainant are simple in nature.

6. This Court perused the entire material on record. As seen from the record the incident is an outcome of a petty quarrel between the defecto complainant on one side and Accused Nos.1 and 5 on the other side. Further the injuries received by the defecto complainant are simple in nature. The factum of granting bail either Anticipatory Bail or

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