Bonigala Naga Malleswar Rao v. The State Of A.P.

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.1472 OF 2015 ORDER:

The petitioner, who is A-2 filed the present application under Section 438 CrPC seeking release in the event of his arrest in connection with Crime No.2 of 2015 of Ponnur (R) Police Station, Guntur District, registered for the offences punishable under Sections 147, 148 and 307 read with 149 IPC. The facts of the case are as under :

The informant Golla Pothuraju lodged a report stating that on 01.01.2015 at about 3.00 p.m., while he along with Bandlamudi Chimpiraiah of Mannava village were proceeding to Ponnur on Hero Honda motorcycle and when they reached to Doppalapudi High School, A-1 to A-4 all of sudden came across the road, stopped the vehicle and beat them. Then A-1 and the petitioner herein, who came from behind beat him indiscriminately with iron rods with a view to kill him. A-5 and A-2 are alleged to have attacked the informant with iron rods. At that time one Kagitala Venkateswarlu, Golla Naga Malleswara Rao and Moddu Buillibabu who heard the cries came their rescue. On seeing them all the accused ran away. Basing on these allegations, the above case came to be registered. Heard the learned counsel appearing for the petitioner and the learned Additional Public prosecutor.

A perusal of the averments in the First Information Report would disclose that initially A-2 instigated the other accused to attack and thereafter he along with other accused attacked the informant with iron rods and beat him indiscriminately. The wound certificate of the informant which is placed before this Court would show that the injury sustained by the injured is grievous in nature. Since a specific role attributed to the petitioner and having regard to the nature of the injury sustained by the informant, I am not inclined to grant anticipatory bail to the petitioner. The learned counsel for the petitioner submits that the petitioner is a Sarpanch having good reputation in his village and he has been falsely implicated in this case. Having regard to the said circumstances, the petitioner, if so advised, shall appear before the concerned court and move an application seeking regular bail after giving

prior notice to the Public Prosecutor in which event the same shall be dealt with in accordance with law either on the same day or at the earliest. With the above direction, the Criminal Petition is disposed of. _____________________ C. PRAVEEN KUMAR, J Date: 09.03.2015 GM