Gaddam Prasanna Larshmi And 6 Others v. The State Of A.P., Rep. By P.P.

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE TWENTY SECOND DAY OF NOVEMBER, TWO THOUSAND AND SEVENTEEN : PRESENT :

THE HONOURABLE DR JUSTICE SHAMEEM AKTHER CRLP .No. 10765 of 2017 Between:- 1.Gaddam Prasanna Lakshmi, D/o. Guruvaiah 2.Kakarla Sesharao, S/o. Kakarla Venkateswarlu, 3.Palavayi Guruvaiah, S/o. Pitchaiah 4.Palavayi Venkata Lakshmi, W/o. Guruvaiah 5.Palavai Jaya Krishna, S/o. Srinivasa Rao 6.Palavai Hari Krishna, S/o. Palavai Srinivasa Rao 7.Vankamalla Mounika, D/o. Ramakoteswarrao ..... Petitioners/Accused Nos.1 to 7 AND The State of Andhra Pradesh, Rep. by Public Prosecutor, High Court of Hyderabad, at Hyderabad.

...Respondent/Complainant.

Petition filed under Section 438 of Cr.P.C. praying that in the circumstances stated in the petition and grounds thereof, the High Court may be pleased to enlarge the petitioner on bail in F.I.R.No. 368 of 2017 on the file of P.S. Patabhipuram, Guntur Urban District in the event of their arrest in the interest of justice. The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri Rajagopallavan Tayi, Advocate for the Petitioners and the Addl. Public Prosecutor(AP) for the Respondent-State, the Court made the following ORDER :- "This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioners/accused Nos.1 to 7, for grant of anticipatory bail in the event of their arrest in Crime No.368 of 2017 on the file of the Pattabhipuram Police Station, Guntur Urban, Guntur District, registered for the offences punishable under Sections 452, 506, 144, 323 read with Section 149 of I.P.C.

2.

Heard the learned counsel for the petitioners/accused Nos.1 to 7, learned Additional Public Prosecutor representing the respondent-State and perused the record.

3.

The specific allegation against the petitioners/accused Nos.1 to 7 is that they have trespassed into the house of the de-facto complainant with a common intention to do away with her life. They were armed with sticks, abused her in filthy language and beat the de-facto complainant with hands and legs and threatened her with dire consequences. On hearing cries, the neighbours came there and on seeing them, the petitioners/accused Nos.1 to 7 ran away.

4.

The learned counsel for the petitioners/accused Nos.1 to 7 brought to the notice of this Court that the petitioner Nos.1 and 2/accused Nos.1 and 2 have filed a petition under Section 482 of Cr.P.C. before this Court and this Court, by order, dated 03.01.2017, stayed all further proceedings in this crime against the petitioner Nos.1 and 2/accused Nos.1 and 2. There is apprehension of arrest of the other petitioner Nos.3 to 7/accused Nos.3 to 7 in this crime. Further, as per the submissions made by the learned counsel for both the sides, there is no medical record to show that the de-facto complainant suffered any injuries at the hands of the petitioners/accused Nos.1 to 7. Under these circumstances, this Court is inclined to grant anticipatory bail to the petitioner Nos.3 to 7/accused Nos.3 to 7 under Section 438 of Cr.P.C. Contd..2..

5.

Accordingly, the petitioner Nos.3 to 7/accused Nos.3 to 7 are directed to surrender before the Station House Officer, Pattabhipuram Police Station, Guntur Urban, Guntur District, within a period of 15 days from the date of this order. On such surrender, the Station House Officer, Pattabhipuram Police Station, Guntur Urban, Guntur District, shall release the petitioner Nos.3 to 7/accused Nos.3 to 7 on bail on their executing personal bonds for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties in a like sum each to his satisfaction. After being released on bail, the petitioner Nos.3 to 7/accused Nos.3 to 7 shall report before the Station House Officer, Pattabhipuram Police Station, Guntur Urban, Guntur District, on every Sunday between 08:00 AM and 10:00 AM, till filing of the charge-sheet. The petitioner Nos.3 to 7/accused Nos.3 to 7 shall also abide by the conditions stipulated in Section 438 (2) of the Code of Criminal Procedure, 1973, and shall cooperate with the investigation officer in the investigation of the case. 6.

The Criminal Petition is, accordingly, allowed in part. Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed. "

ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To 1.The Station House Officer, Pattabhipuram Police Station, Guntur Urban, Guntur District.

2.Two CCs to Public Prosecutor(AP), High Court of Judicature at Hyderabad. (OUT) 3.One CC to Sri Rajagopallavan Tayi Advocate(OPUC) 4.One spare copy.

TKK

HIGH COURT DR.SA.J DT.22-11-2017.

ANTICIPATORY BAIL ORDER CRL.P.No. 10765 of 2017 RELEASE THE PETITONER NOS. 3 TO 7/A. TO 7 ON BAI L IN THE EVENT OF THEIR ARREST.

DRAFTED BY TKK DT.23-11-2017.

HIGH COURT DR.SA.J DT.22-11-2017.

ANTICIPATORY BAIL ORDER CRL.P.No. 10765 of 2017 RELEASE THE PETITIOENR NOS. 3 TO 7/A.3 TO 7 ON BAIL IN THE EVENT OF THEIR ARRST.