The single judge allowed joint bail petitions filed by first and fifth accused in a case involving cheating, extortion, grievous hurt, and an attempt to commit murder, granted on bond conditions pending investigation completion.
Release on personal bond of Rs.25,000 each with two sureties for like sum, appearing twice weekly.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE SRI JUSTICE K.SURESH REDDY
CRL.P.NOS.5413 and 5420 OF 2023
COMMON ORDER :-
As both Criminal Petitions, under Sections 437 and 439 of Cr.P.C., arise out of the Crime No.669 of 2023 of Patamata Police Station, Vijayawada City, they are being disposed of by way of this Common Order.
2 . Crl.P.No.5413 of 2023 is filed by Accused Nos.2 and 5; whereas Crl.P.No.5420 of 2023 is filed by Accused No.1 in the above said Crime.
3 . A case has been registered against the petitioners herein and others for the offences punishable under Sections. 324, 342, 392, 394, 397, 420 and 307 read with 34 IPC.
5 . The brief facts of the case of the prosecution succinctly is thus:-
That the defacto complainant is a resident of
Dharmavaram, Sathya Sai District and is eking out his
KSR,J CRL.P.5413&5420_2023
2
livelihood by doing Silk Sarees business; that during the part of his business on 23-12-2021 and on 24-12-2021 he supplied Silk Sarees, on a credit basis, worth Rs.1,72,319/- and Rs.61,318/- respectively, to the Alaya Silk Showroom, situated near Sai Baba Temple, Benz Circle, Vijayawada; that Accused No.1 is the owner of the said shop; that on demand, Accused No.1 issued two cheques bearing Nos.040787 and 040788, on 12-02-2022 and 08-02-2022 respectively for an amount of Rs.1,72,318/- and Rs.61,545/- respectively; that when the said cheques were presented for clearance, the same were dishonoured on the ground of “Account closed”; that on 02-06-2023 at about 3.30 P.M, when the defacto complainant along with his friend by name Kotam Anand went to the Alaya Silk Showroom and demanded Accused No.1 to pay the amount covered by the two cheques, as they supplied the Silk Sarees way back in the year 2021, Accused No.1 along with his staff, who are shown as Accused Nos.2 to 5, beat the defacto complainant and his friend indiscriminately; that they also said to have stripped of the clothes of the defacto complainant and his friend and made them to kneel down in the show room till 7.30 p.m; that the accused also
KSR,J CRL.P.5413&5420_2023
3
said to have snatched away the Cell phones, Gold chain and Ring besides cash of Rs.30,000/- belonging to the defacto complainant and his friend; that the accused threatened the defacto complainant and his friend with dire consequences. Thereafter, the accused let off both the defacto complainant and his friend; that Accused No.1 has got videographed/portrayed the entire episode; that on the basis of the above said allegations, the present crime has been registered.
6 . Sri O.Manohar Reddy, learned Senior Counsel, assisted
by Sri D.Purna Chandra Reddy, learned counsel, strenuously contends that though the incident took place on 02-06-2023 the present report was lodged on 07-07-2023 i.e., more than one month from the date of the alleged incident. He further contended that even accepting the entire allegations made by the prosecution, the ingredients of the offence punishable under Section 307 IPC are not made out in the circumstances of the case. He further contended that the petitioners were arrested on 07-07-2023 and since then they are languishing in jail. He, therefore, requests this court to enlarge the petitioners on bail.
KSR,J CRL.P.5413&5420_2023
4
7 . Per contra , the learned Special Assistant Public Prosecutor, opposed the bail application stating that investigation is still in progress. Further, he contends that Accused No.1 was involved in similar crime, which is the subject matter of Cr.No.791 of 2017 of Madhapur Police Station, Hyderabad.
8 . Sri Y.Koteswara Rao, learned counsel, appearing for the defacto complainant vehemently opposed the bail application stating that the defacto complainant and his friend were supplying Silk Sarees to the Alaya Silk Showroom, for which Accused No.1 is the owner. Inspite of supply of Silk Sarees on 23-12-2021 and on 24-12-2021, Accused No.1 is not paying the money even after completion of 1 ½ year from the date of supply. It is only for that reason, they approached the Accused No.1 for clearing the outstanding dues. He further argued that the defacto complainant and his friend belong to Weavers Community and they are eking out their livelihood by supplying Silk Sarees weaving by them to the Showroom Owners, who are exploiting the poor weavers. He further argued that Accused No.1 with the help of other accused removed the clothes of the defacto complainant and his friend
KSR,J CRL.P.5413&5420_2023
5
and they were made to kneel down till 7.30 P.M. He further argued that the entire episode has been videographed by Accused No.1. On these grounds, he opposed the bail application.
9 . This Court perused the entire material on record. As seen from the averments made in the First Information Report, the defacto complainant and his friend were made to kneel down till 7.30 P.M. Though the incident is said to have taken place on 02-06-2023, the defacto complainant chose to lodge the report only on 07-07-2023 i.e., after more than one month. In that view of the matter, as the petitioners are in judicial custody since 07-07-2023, this court is inclined to grant bail to the petitioners/Accused Nos.1, 2 and 5, on the following conditions.
(i) The petitioners herein shall be released on bail on their executing personal bonds for Rs.25,000/- (Rupees twenty five thousand only) each with two sureties for a like sum each to the satisfaction of the learned IV Additional Chief Metropolitan Magistrate, Vijayawada.
(ii) On release, the petitioners shall appear before the Station House Officer, Patamata, twice in a week i.e., on
KSR,J CRL.P.5413&5420_2023
6
every Tuesday and Saturday between 10.00 a.m. and 01.00 p.m., until further orders.
(iii) Further, the petitioners are directed not to hamper the investigation and tamper with the prosecution witnesses;
and
(iv) If any of the violation of the above conditions is found, the same will be viewed seriously.
10 . Accordingly, the Criminal Petitions are allowed.
________________ K.SURESH REDDY,J
16-08-2023. TSNR
2 issues framed by the court
Whether to grant bail to accused persons charged with offences under sections 324, 342, 392, 394, 397, 420 and 307 read with 34 IPC.
Whether the delay in lodging the FIR affects the grant of bail.
2 provisions across 2 enactments
Accused No.2 and 5
Accused No.1
K.Suresh Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
