This successive bail petition is filed by accused No.1

under Section 438 of Cr.P.C. for grant of anticipatory bail

in Crime No.57/2021 registered by Gonibeedu Police for

the offences punishable under Sections 504, 354, 307,

114, 323, 506 read with Section 34 of IPC.

2. Heard learned counsel for the petitioner and the

learned High Court Government Pleader for the respondent

State.

3. The case of prosecution is that on the complaint

of one Vijaya Vikram D.K., the police recorded his

statement in the hospital on 25.09.2021, wherein it is

alleged that at the time of survey of the land bearing

Sy.No.43/1/2 measuring 3 acres 12 guntas, notice was

issued by the surveyor for survey of the land to the

complainant and his mother. The present petitioner who is

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the senior uncle of the complainant, accused No.2 who is

another uncle of the complainant and wife Smt. Kavitha,

the wife of the present petitioner were all present at the

time of survey of the land. When the mother of the

complainant was talking with the surveyor, at the time,

the petitioner came and assaulted the mother of the

complainant by abusing her in filthy language and also

slapped on her cheek. When the complainant went in

rescue of his mother, he was also abused in the filthy

language and slapped by the petitioner. The petitioner also

took sickle and tried to assault on the neck of the

complainant, however, the complainant escaped. The hit

fell on the left hand of the complainant. Again the

petitioner-accused No.1 tried to commit assault on the

complainant at the instigation of accused Nos.2 and 3.

Subsequently, accused No.1 ran away from the spot. The

police registered the case and tried to arrest the petitioner.

4. The petitioner moved the learned Sessions Judge

for anticipatory bail, which came to be rejected. Again the

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petitioner moved this Court in Crl. P. No.8449/2201 which

came to be rejected on 02.12.2021. Now, the petitioner is

before this Court in this successive bail petition on the

changed circumstances stating that the police have

completed investigation and the charge sheet has been

filed.

5. Learned counsel for the petitioner has seriously

contended that while rejecting the bail petition, the

investigation was under progress and the charge sheet was

not filed. The injury found on C.W.1 is not the dangerous

injury. The injury found on the complainant will not lead

to death but it may attract Section 326 of IPC. The

incident took place between relatives during survey of the

land. The petitioner is none other than the senior uncle of

the injured complainant. The weapon is already seized by

the police at the instance of accused No.2 Therefore,

nothing is to be recovered from the petitioner. Therefore,

he is entitled for the grant of anticipatory bail. The learned

counsel would also contend that there is changed

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circumstances. The Hon'ble Supreme Court and the other

High Courts have held that after filing of the charge sheet,

anticipatory bail can be granted.

6. Per contra, learned High Court Government

Pleader has objected the bail petition of the petitioner

contending that there is no changed circumscribes and the

petitioner has not co-operated with the investigation

officer and the petitioner is still absconding in spite of his

search. The earned High Court Government Pleader

submitted that the petitioner is absconding for almost nine

months and not co-operating with the investigation officer.

The petitioner may tamper the witness, if he is granted

anticipatory bail and may commit similar offences. Hence,

sought to reject the bail petition.

7. Having heard learned counsel for the parties,

perused the records.

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8. Of course, the injured is already discharged from

the hospital. It is pertinent to note to that the surveyor

came for survey of the land. When the mother of the

complainant was talking to the surveyor, the petitioner

being elder uncle of the complainant abused in filthy

language and slapped on the mother and the