Burla Koteswara Rao, v. State Of Andhra Pradesh,

SMT. JUSTI CE T.RAJANI CRI MI NAL PETI TI ON No. 2 3 3 7 OF 2 0 1 8 ORDER:

This petition is filed, under Section 438 of the Code of Criminal Procedure, 1973, seeking for grant of anticipatory bail to the petitioners-accused Nos. 4, 5, 7, 9 and 10 in crime No. 130 of 2017 of Chirala Rural Police Station, Prakasham District, registered for the offences punishable under Sections 144, 148, 452, 324, 307, 509 read with Section 149 IPC and Sections 3 (1) (r), 3 (1) (s) and 3 (2) (va) of SC ST POA Act. 2.

Heard learned counsel for the petitioners and learned Public Prosecutor (A.P.).

3.

Learned counsel for the petitioners submits that the petitioners are implicated falsely due to the political rivalry between the petitioners and the de facto complainant. But the fact remains that the de facto complainant witnessed the incident and she mentioned the names of the petitioners, in the report given by her. In the light of the above, the contention of learned counsel for the petitioners that the petitioners are falsely implicated in this case, cannot be appreciated. 4.

Hence, this Court opines that it is not a fit case for granting anticipatory bail to the petitioners. However, the petitioners can file a petition seeking for regular bail by surrendering themselves before the Court below having jurisdiction. The Court below shall dispose of the bail application on merits, if any filed, expeditiously, preferably on the same day, subject to pressure of other work.

5.

Subject to the above, the criminal petition is dismissed. Pending miscellaneous petitions, if any, shall stand dismissed in consequence.

_ _ _ _ _ _ _ _ _ _ T. RAJANI , J 05-03-2018.

JSK