Dismissed

Buchireddigari Sreenivasa Reddy (A2) v. State of Andhra Pradesh

Andhra Pradesh HC1 Mar 2021CRLP/1098/2021

Case brief

AI extract

What is this about?

The Single Judge of the Andhra Pradesh High Court declined to grant pre-arrest bail to petitioners in a riot and attempt to murder case, citing specific allegations and the arrest of co-accused. The court directed petitioners to surrender and approach the magistrates immediately.

What did the court decide?

Pre-arrest bail denied; petitioners directed to surrender and seek bail before the competent Court of Session.

Buchireddigari Sreenivasa Reddy (A2) Vs State of… — Bail and Remand | Andhra Pradesh HC (2021)

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HONOURABLE SMT. JUSTICE LALITHA KANNEGANTI

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Criminal Petition No.1098 of 2021

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ORDER:

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This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short “the Cr.P.C.”) seeking pre-arrest bail to the petitioners/A.2, A.3 and A.8 in the event of their arrest in connection with Crime No.166 of 2020 of Puttaparthy Rural Police Station, Ananthapuramu District, registered for the offences punishable under Sections 147, 148, 324, 326 and 307 read with Section 34 of the Indian Penal Code, 1860.

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The case of the prosecution is that on 09.11.2020, A.1 along with seven others formed into unlawful assembly with common object and in furtherance of their common intention attacked de facto complainant in front of Om Shanthi Shivalayam temple at Super Speciality Hospital, Puttaparthi with deadly weapons and attempted to kill the de facto complainant. On noticing the incident, one Vadde Nagaraju tried to rescue the de facto complainant, all the accused attacked him and caused injuries on his head and hand. It is alleged that the incident took place due to property disputes between the de facto complainant and A.1. Basing on the complaint given by the de facto complainant, the present crime is registered.

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Heard Sri P.N. Sunil Kumar Reddy, learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent-State.

LK, J

CRLP.No.1098 of 2021

Learned counsel for the petitioners submits that the petitioners have not committed any offence, much less the alleged offence. He submits that there are no specific overt acts against the petitioners and the allegations in the complaint against the petitioners are all omnibus allegations and they do not attract the offences as alleged. He submits that the injuries sustained by the de facto complainant and others are simple in nature. He further submits that in view of civil disputes pending between A.1 and the de facto complainant, the present complaint is lodged in order to get the civil dispute settled. Hence, their case may be considered for grant of pre-arrest bail. 5. On the other hand, learned Additional Public Prosecutor, submits that there are specific overt acts against the petitioners and even as per the wound certificate, the complainant and others have sustained grievous injuries. He submits that even as per the Remand Report, it clearly shows that the petitioners have actively involved in the alleged offences and inflicted injuries. He further submits that A.4 to A.7, except the petitioner and others, have already been arrested and remanded to judicial custody. Hence, the petitioners are not entitled for pre-arrest bail.

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Having regard to the facts and circumstances of the case and taking into consideration the fact that specific allegations levelled against the petitioners and the fact that the other accused have already been arrested and remanded, this court is not inclined to grant pre-arrest bail to the petitioners. However,

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LK, J CRLP.No.1098 of 2021

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the counsel for the petitioners submits that the petitioners will surrender before the concerned Court and make appropriate application seeking bail. On such surrender and on moving appropriate application seeking bail, the competent court shall consider the same on the same day in accordance with law.

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Accordingly, the Criminal Petition is disposed of.

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___________________________ LALITHA KANNEGANTI, J

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Date: 01.03.2021 Ksn

Buchireddigari Sreenivasa Reddy (A2) v. State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Buchireddigari Sreenivasa Reddy (A2) v. State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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