Disposed

Kadagala Anand Kumar, v. The State of Andhra Pradesh

Andhra Pradesh HC11 Jan 2021CRLP/128/2021

Case brief

AI extract

What is this about?

This order dismisses a petition for anticipatory bail under Section 438 Cr.P.C. The court held that since the petitioners' names were not included in the crime and arrest did not arise, the petition was closed and no purpose would be served in examining it.

What did the court decide?

The Criminal Petition for anticipatory bail was closed; no relief granted as the prayer was deemed unnecessary.

Kadagala Anand Kumar, Vs The State of Andhra Pradesh — Bail and Remand | Andhra Pradesh HC (2021)

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THE HON’BLE SRI JUSTICE M.GANGA RAO CRIMINAL PETITION No.128 OF 2021

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ORDER:

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This is a petition for anticipatory bail under Section 438 of Code of Criminal Procedure, 1973 (for short ‘Cr.P.C’) on behalf of the petitioners in Crime No.01 of 2021, dated 02.01.2021 of Nallimarla Police Station, Vizianagaram District, registered for the offences punishable under Sections 307, 326, 427, 503, 506, 323, 120B r/w 34 of Indian Penal Code, 1860 and under Section 3 of Prevention of Damage to Public Property Act, 1984.

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The case of the prosecution is that Sri.Vijaya Sai Reddy, Member of Parliament made a complainant stating that he visited the temple at Ramatheertham after the recent demolition of idols, to express his concerns against the incident which occurred. During the course of visit, people having political motives ganged up and having known about his visit came there and attacked him with stones, sharp objects and water bottles with an intention to kill him. The activists of YSRCP Party and others present around protected him along with the police force present. The bodyguard of the complainant, Mr.Hari also sustained injuries from the assault launched by Kala Venkata Rao/Accused No.3 and his henchmen as per directions of Chandra Babu Naidu/Accused No.1 and K.Acchennaidu/Accused No.2. The followers of the above mentioned three people have allegedly resorted to such action so as to kill the petitioner with political motivations. The above mentioned activities happened under the supervision of Kala Venkata Rao (A3), who was physically present and under the directions of Accused Nos.1 and 2, who directed them to initiate

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these activities for creating law and order issue at Ramateertham and also with criminal intention to kill the complainant. The stones allegedly thrown by accused No.3 and his followers damaged the glass of bullet proof vehicle which amounts to destruction of public property.

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Heard learned counsel for the petitioners and the learned Additional Public Prosecutor.

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Learned counsel for the petitioners submits that the petitioners are apprehending inclusion of their names in the above crime and hence sought for grant of anticipatory bail in the event of their arrest in the above said crime.

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Learned Additional Public Prosecutor submits that the apprehension of the petitioners regarding inclusion of their names in the above said crime is baseless and as of now, since their names were not included in the crime, taking into custody of the petitioners in the above said crime does not arise.

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In view of the above circumstances, continuing of this Criminal Petition would not serve any purpose. Hence, the Criminal Petition is closed.

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Miscellaneous Petitions, if any pending, in this Criminal Petition, shall stand closed.

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Date: 11.01.2021. KLPD

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JUSTICE M.GANGA RAO

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THE HON’BLE SRI JUSTICE M.GANGA RAO

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Criminal Petition.No.130 of 2021

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Date: 11.01.2021

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KLPD

Kadagala Anand Kumar, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Kadagala Anand Kumar, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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