Chava Ramakrishna Reddy And Others v. State Of Ap

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE NINETEENTH DAY OF JANUARY, TWO THOUSAND AND EIGHTEEN : PRESENT :

THE HONOURABLE SMT JUSTICE T. RAJANI CRLP .No. 12 of 2018 Between:- 1.Chava Ramakrishan Reddy (A.1), S/o. Late Seetharami Reddy 2.Chava Venkateswara Reddy (A.2), S/o. Late Seetharami Reddy 3.Nareddula Sarweswara Reddy (A.3), S/o. Chinna Veera Reddy 4.Dudekula Vennuru (A.4), S/o. Vannuru 5.Dudekula Settenna (A.5), S/o. Babaiah 6.Dudekula Basha (A.6), S/o. Vannuru 7.Myalapuram Siva Reddy (A.7), S/o. Narapu Reddy 8.Vengala Prathap Reddy (A.8), S/o. Venkat Reddy. ..... Petitioners/Accused Nos. 1 to 8.

AND The State of Andhra Pradesh, Through Station House Officer, Chagalamarri Police Station, Kurnool District, Rep. by Public Prosecutor, High Court at Hyderabad, For the State of Telangana & A.P., Hyderabad.

.....Respondent/Complainant.

Petition filed under Sections 438 of Cr.P.C. praying that in the circumstances stated in the Grounds of Criminal Petition, the High Court may be pleased to release the Petitioners/Accused on anticipatory bail in the event of their arrest in connection with Crime No. 112 of 2017 of Chagalamarri Police Station, Kurnool District. The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri T.V.S. Kumar, Advocate for the Petitioners and of Addl. Public Prosecutor(AP) on behalf of Respondent-State, the Court made the following ORDER :- "This Criminal Petition is filed seeking for grant of anticipatory bail to the petitioners, who are accused Nos.1 to 8, in Crime No.112 of 2017 on the file of Chagalamarri Police Station, Kurnool District. The offences alleged are under Sections 447, 427 and 307 R/w 34 of I.P.C.

2.

Heard the learned counsel for the petitioners and the learned Public Prosecutor appearing for the respondent-State and perused the record. 3.

Learned counsel for the petitioners submits that there was a civil dispute between the parties earlier and the son of the de-facto complainant herein filed a suit in O.S. No.176 of 2007 on the file of Junior Civil Judge, Allagadda, and the subject matter of the suit was the same survey number as reflected in the complaint. The said suit was dismissed, against which the son of the defacto complainant preferred an Appeal and during pendency of the Appeal, this Petition is filed.

Contd.2....

- 2 - 4.

In the light of the fact that the suit of the son of the de-facto complainant was dismissed, it cannot be said that the offence under Section 447 I.P.C. is attracted and it is also possible that in order to workout his remedies in the civil suit, this complaint is brought into existence. Hence, in the above circumstances, this Court finds that it is a fit case to grant anticipatory bail to the petitioners.

5.

Accordingly, the Criminal Petition is allowed. The petitioners/accused Nos.1 to 8 are directed to surrender before the Station House Officer, Chagalamarri Police Station, Kurnool District, within 15 days from the date of this order. On such surrender, the petitioners/accused Nos.1 to 8 shall be released on bail on each of their executing personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the said Station House Officer. Further, on such release, the petitioners shall abide by the conditions mentioned under Section 438(2) Cr.P.C.

As a sequel, the miscellaneous applications, if any pending, shall stand closed.."

ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To 1.The Junior Civil Judge, Allagadda, Kurnool District. 2.The Station House Officer, Chagalamarri Police Station, Kurnool District. 3.Two CCs to the Public Prosecutor(AP), High Court at Hyd.(OUT) 4.One CC to Sri T.V.S. Kumar, Advocate(OPUC) 5.One spare copy.

TKK

HIGH COURT DR.SA.J DT.19-01-2018.

ANTICIPTORY BAIL ORDER CRL.P.No. 12 of 2018 RELEASE THE PETITONERS ON BAIL IN THE EVENT OF THEIR ARREST

DRAFTED BY TKK DT.20-01-2018.

HIGH COURT DR.SA.J DT.19-01-2018.

ANTICIPATORY BAIL ORDER CRL.P.No. 12 of 2018 RELEASE THE PETITONERS ON BAIL IN THE EVENT OF THEIR ARREST.