S.Mallikarjuna Reddy v. The State Of Andhra Pradesh

SMT JUSTICE T.RAJANI CRIMINAL PETITION Nos.12187 & 12188 OF 2018 COMMON ORDER:

1.

These two Criminal Petitions are filed seeking for grant of anticipatory bail to the self same petitioner, who is arrayed as accused No.11 in Crime No.162 of 2017 on the file of the Station House Officer, T.Sundupalli Police Station, Y.S.R. Kadapa District, and arrayed as accused No.5 in Crime No.90 of 2017 on the file of the Station House Officer, Chagalamarri Police Station, Kurnool District. 2.

The offences alleged in Crime No.162 of 2017 are under Sections 147, 148, 307, 332, 353, 324, 379 and 120B, 107 and 149 of I.P.C. and Sections 20(I), (C), (ii), (iii), (iv), (vi), (x), 20(d), (i), (ii), (b), (2), Section 29(2)(b)(4)(a)(i)(ii)(b) of A.P. Forest (Amendment) Act 2016, Rule 3 of A.P. Sandal Wood and Red Sanders Wood Transmit Rules 1969, and Section 3 of the Prevention of Damage to Public Property Act, 1984. 3.

The offences alleged in Crime No.90 of 2017 are under Sections 379, 353, 307, 120B and 109 R/w.34 of I.P.C. and Section 20(I)(C)(i)(ii)(iii)(iv)(vi)(x) and section 20(d)(i)(a)(b)(2)(a)(b) and Section 29(2)(b)(4)(a)(i)(ii) of the A.P. Forest Act, Rule 3 of Red Sandal Wood Possession Rules, 1970 and Red Sanders Wood Transit Rules, 1969, Section 3 of the Prevention of Damage to Public Property Act, and Section 21 of the Wild Life Protection Act, 1972. 4.

The allegations in both the complaints are that the petitioner, being part of an unlawful assembly, obstructed the legitimate duties of the defacto complainant, who is a public servant, and other Government Officials, and voluntarily caused hurt to them.

TR,J Crl.P. No.12187 & 12188/2018 5.

Hence, considering the nature of the allegations in both the complaints, this Court opines that these are not fit cases for grant of anticipatory bail to the petitioner. However, the petitioner, who is arrayed as accused No.11 and 5 in the aforesaid crimes, is directed to surrender the before the lower Court and obtain regular bail. The lower Court shall dispose of the bail applications, if any, on merits, expeditiously, preferably on the same day, subject to pressure of other work. 6.

Accordingly, with the above observation, both the Criminal Petitions are dismissed.

7.

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

______________________ T. RAJANI, J Date: 26.11.2018.

Dsh

TR,J Crl.P. No.12187 & 12188/2018 SMT JUSTICE T.RAJANI 28112018 CRIMINAL PETITION Nos. 12187 & 12188 OF 2018 Date. 26.11.2018 DSH