IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE :PRESENT:

THE HONOURABLE SRI JUSTICE K SURESH REDDY CRIMINAL PETITION NO: 6197, 6239, 6478, 6779, 7117 & 7303 OF 2023

CRIMINAL PETITION NO: 6197 OF 2023

Between:

Vasunuri Chandra Sekhar, (Mentioned wrongly as K.Chandra Sekhar in the FIR), S/o. Vasunuri Reddy Nagaiah, Aged about 42 years, R/o. D.No.1-83, Kotala Kalikiri Mandal, Chittoor District. (Annamayya District).

Petitioner/Accused 22

$13239.1$

TERMINE

AND

The State Of Andhra Pradesh, Through Station House Officer, Punganur Urban PS, Chittoor District, Represented by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati.

Respondent/Complainant

Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to direct the respondent police to enlarge the petitioner/A22 on bail in the event of his arrest in connection with Crime No. 273 of 2023, dated 04.08.2023 of Punganur Urban Police Station, Annamayya District

COUNSEL FOR THE PETITIONER : SRI POSANI VENKATESWARULU FOR SRI M LAKSHMI NARAYANA

COUNSEL FOR THE RESPONDENT : ADDITIONAL ADVOCATE GENERAL

CRIMINAL PETITION NO: 6239 OF 2023

Between:

M.Ram Prasad Reddy @ Ramaprasad, S/o. Nagi Reddy, Aged 42 years, R/o. D.No.18/9, Bodireddygari Palle Village, Chinnamandem Mandal, YSR District. Petitioner/Accused 24

AND

The State Of Andhra Pradesh, Through Station House Officer, Punganur Urban PS, Chittoor District, Represented by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati.

Respondent/Complainant

Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to direct the respondent police to enlarge the petitioner/A24 on bail in the event of his arrest in connection with Crime No. 273 of 2023, dated 04.08.2023 of Punganur Urban Police Station, Chittoor District

COUNSEL FOR THE PETITIONER : MS. S PRANATHI

COUNSEL FOR THE RESPONDENT : ADDITIONAL ADVOCATE GENERAL

CRIMINAL PETITION NO: 6478 OF 2023

Between:

• 1. A. Mallikarjuna, S/o Late Krishnaiah Aged 44 years R/o 2-101, Sri Nagar Colony, Kondreddigaripalli PilerMandal, Chittoor District, Andhra Pradesh.
• 2. B. Prasad, S/o B. Hari Aged 30 years R/o 2-641, SKD Nagar, Piler PilerMandal, Chittor District, Andhra Pradesh.

Petitioners/Accused 19 & 20

AND

State Of Andhra Pradesh, Rep. by its Public Prosecutor High Court of Andhra Pradesh Amaravati.

Respondent/Complainant

Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to release the petitioners/Accused No.19 and 20 on bail in the event of his arrest in Crime No.273 of 2023., on the file of Punganur Urban Police Station, Chittoor District

COUNSEL FOR THE PETITIONERS : M/S INDUS LAW FIRM

COUNSEL FOR THE RESPONDENT : ADDITIONAL ADVOCATE GENERAL

CRIMINAL PETITION NO: 6779 OF 2023

Between:

• 1. B Viswanatha Naidu, S/o Narayana Swamy Naidu Aged 46 years, R/o Kenamakulapalli, Santhipuram, Chittoor District, Andhra Pradesh.
• 2. E. Ramesh,, S/o Late Venkata Rathnam Aged 52 years, R/o Kenamakula Palli, Santhipuram, Chittoor District, Andhra Pradesh.
• 3. N Subramanyam, S/o Narayanappa, Aged 44 years, R/o 1-17, anikera, chandrgiri, Nallappareddyiyuru, Chittoor District, Andhra Pradesh.
• 4. R Suresh, S/o P R Ramachandrappa Aged 27 years, R/o Sivarampuram, Santhipura, Chittoor District, Andhra Pradesh

Petitioners/Accused 50-53

AND

The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati

Respondent/Complainant

Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to grant anticipatory bail to the Petitioners/ accused No. 50-53 in the event of arrest in connection with F.I.R. No. 273 of 2023 on the file of SHO of Police, Punganur Police Station, Chittoor District, Andhra Pradesh.,

COUNSEL FOR THE PETITIONERS : SRI JAVVAJI SARATH CHANDRA COUNSEL FOR THE RESPONDENT : ADDITIONAL ADVOCATE GENERAL

CRIMINAL PETITION NO: 7117 OF 2023

S Sudhakar @ C Sudhakara, S/o. Krishnamurthy, Aged 58 yrs, R/o. 1-72, Fazilpeta, Bommaiahgaripalli village and post, Rompicherla mandal, Chittoor Between: Petitioner/Accused 16 District.

AND

The State Of Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra Respondent/Complainant

Pradesh, At Amaravati.

Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to release the petitioners/accused No. 16 on bail in the event of his arrest in connection with Crime No. 273/2023 of Punganur Urban Police Station, Chittoor District

COUNSEL FOR THE PETITIONER : SRI D PURNACHANDRA REDDY COUNSEL FOR THE RESPONDENT : ADDITIONAL ADVOCATE GENERAL

CRIMINAL PETITION NO: 7303 OF 2023

Between:

• 1. Uyyala Ramana, S/o. Pothaiah, Aged 47 years, R/o. Peddaguruvapalli, H/o. Bommaiahgaripalli, Rompicherla Mandal, Chittoor District. $R/o.$ S/o. Devarajulu
• Bommaiahagaripalli, Rompicherla Mandal, Chittoor District. 3. Nagisetty Nagaraja, S/o. Nagisetty Lakshmi Narayana, Aged 40 years, R/o. 2. Nagarjuna
• Bommaiahgaripalli, Rompicherla Mandal, Chittoor District.

4. Guvvala Ramesh Babu @ Ramesh Reddy @ Chitti,, S/o. Late G. Ramakrishna Reddy, Aged 45 years, R/o. Thellaneellapalli Village, H/o. Gaddamvaripalle, Chowdepalli Mandal, Chittoor District.

Petitioners/Accused 61-63 & another

AND

The State of Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra Pradesh, At Amaravati.

Respondent/Complainant

Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to release the petitioners/accused No. 61 to 63 and another viz., Guvvala Ramesh Babu g Ramesh Reddy @ Chitti on bail in the event of their arrest in connection with Crime No. 273/2023 of Punganur Urban Police Station, Chittoor District

COUNSEL FOR THE PETITIONERS : SRI D PURNACHANDRA REDDY

COUNSEL FOR THE RESPONDENT : ADDITIONAL ADVOCATE GENERAL

THE COURT MADE THE FOLLOWING ORDER

HON'BLE SRI JUSTICE K.SURESH REDDY CRIMINAL PETITION Nos. 6197, 6239, 6478, 6779, 7117 AND 7303 OF 2023

COMMON ORDER:

Since all these criminal petitions, under Section 438 Cr.P.C. for grant of pre-arrest bail, arise out of the same crime in which the petitioners herein are arrayed as accused, they are heard together and are being disposed of by this common order.

Criminal Petition No. 6197 of 2023 is filed by accused No. 22; $\overline{2}$ . Criminal Petition No. 6239 of 2023 is filed by accused No. 24; Criminal Petition No. 6478 of 2023 is filed by accused Nos. 19 and 20; Criminal Petition No. 6779 of 2023 is filed by accused Nos. 50 to 53; Criminal Petition No. 7117 of 2023 is filed by accused No. 16; and Criminal Petition No. 7303 of 2023 is filed by accused Nos. 61 to 63 and one Guvvala Ramesh Babu @ Ramesh Reddy @ Chitti, the petitioner-accused in crime No. 273 of 2023 of Punganur Urban Police Station, Chittoor District, registered for the offences punishable under Sections 109, 147, 148, 353, 332, 324, 307 and 120-B read with Section 149 IPC.

Heard Sri Posani Venkateswarlu, learned senior counsel, 3. representing Sri M.Lakshmi Narayana, learned counsel appearing for the petitioner in Criminal Petition No. 6197 of 2023; Smt. S.Pranathi, learned counsel appearing for the petitioner in Criminal Petition No. 6239 of 2023; Sri N.V.Sumanth, learned counsel appearing for the petitioners in Criminal Petition No. 6478 of 2023; Sri Javvaji Sarath Chandra, learned counsel appearing for the petitioners in Criminal Petition No. 6779 of 2023; and Sri D.Purna Chandra Reddy, learned counsel appearing for the petitioners in Criminal Petition Nos. 7117 and 7303 of 2023 and learned Additional Advocate General appearing for the respondent-State.

The above crime has been registered on the basis of the $4.$ statement of one B.Prasad, Sub-Inspector of Police, Palasamudram Police Station, recorded by the Station House Officer, Punganur Urban Police Station, while the former was taking treatment in Punganur Government Hospital. It is alleged by de facto complainant that on 04.08.2023, he was on bandobasth duty near Bhimaganipalli Cross on the route leading to Punganur Town and while he was attending to his duties at the said place, party

$\mathsf{Z}$

workers of Telugu Desam Party came to Bhimaganipalli to welcome Sri Nara Chandra Babu Naidu, former Chief Minister. At that time, accused Nos. 1 to 37 and others belonging to Telugu Desam Party came there and questioned as to why barricades were erected when their leader Sri Nara Chandra Babu Naidu has to go into Punganur Town and picked up an argument with the police personnel. De facto complainant and other police personnel replied that as per the tour programme and the instructions received by them, Sri Nara Chandra Babu Naidu would go to Chittoor through Punganur Bypass and as such, there is no permission to enter into Punganur Town. Thereupon, some persons from the mob, at about 4.30 p.m., shouted saying that accused No.1 told them that if the police are killed, their leader will be allowed to go into Punganur Town, and removed the barricades, took out beer bottles, stones and sticks, which were already in their possession as per the conspiracy entered into between them, and attacked the police. De facto complainant and some other staff escaped from there and went to a distance towards Punganur. Again, at about 4.45 p.m., while they were

$\mathbf{3}$

trying to go into Punganur Town, and as he did not allow them to go into the town, the above persons, with an intention to kill the police, made an attack, in which he sustained bleeding injury on rear side of the head and other parts of the body. Other police officials and staff also said to have sustained injuries in the said incident.

Sri Posani Venkateswarlu, learned senior counsel, would 5. submit that a false case has been foisted against the petitioners only due to political rivalry; that no specific overtacts have been alleged against the petitioners and that the allegations leveled against the petitioners would not attract the ingredients of Section 307 I.P.C. and therefore requests this Court to grant anticipatory bail to the petitioners.

Learned Additional Advocate General, on the other hand, 6. would strenuously oppose the petitions contending that series of attacks were made by the persons belonging to Telugu Desam Party on the fateful day.

7. This Court perused the entire material available on record. As can be seen from the report lodged by de facto complainant, no

$\overline{4}$

specific overtacts have been attributed against the petitioners. While the names of some of the petitioners were mentioned amongst the persons who picked up quarrel with the police in relation to erection of barricades, no specific overtacts have been attributed against any of the present petitioners in relation to the subsequent incident. In that view of the matter, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

$\pmb{\S}$ $\mathfrak{g}$

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$\overline{0}$

$\mathsf{S}$

The petitioners-accused Nos. 16, 19, 20, 22, 24, 50 to 53 8. and 61 to 63 and one Guvvala Ramesh Babu @ Ramesh Babu @ Chitti, the petitioner-accused, are, therefore, directed to surrender before the S.H.O., Punganur Urban Police Station, Chittoor District, within a period of two weeks from today. On such surrender, the petitioners are ordered to be enlarged on bail on their executing each a personal bond for Rs.10,000/- with two sureties for the like sum each to the satisfaction of the S.H.O., Punganur Urban Police After release, the petitioners are directed to appear Station. before the S.H.O., Piler Police Station, on every Wednesday between 10 a.m. and 1 p.m. for a period of two weeks and also directed to cooperate with the investigating agency and not to tamper with the prosecution witnesses.

Accordingly, all the criminal petitions are allowed. Pending $9.$ miscellaneous applications, if any, shall stand disposed of in

//TRUE COPY//

Sd/- B. Prasad Rao ASSISTANT REGISTRAR

To,

For ASSISTANT REGISTRAR

,<br>1. The Station House Officer, Punganur Urban PS, Chittoor District

2. The Station House Officer, Piler Police Station, Chittoor District 3. One CC to Sri M Lakshmi Narayana Advocate [OPUC]

3. One CC to Ms. S pranathi Advocate [OPUC]

4. One CC to M/S Indus Law Firm Advocate [OPUC]

5. One CC to Sri D Purnachandra Reddy Advocate [OPUC]

6. One CC to Sri Javvaji Sarath Chandra Advocate [OPUC] 8. Two CCs to Public Prosecutor, High Court of AP [OUT]

7. Two CCs to Additional Advocate General, High Court of AP [OUT]

HIGH COURT

$\mathsf{KSR},\mathsf{J}$

DATED: 06/10/2023

BAIL ORDERS

CRIMINAL PETITION NO: 6197, 6239, 6478, 6779, 7117 & 7303 OF 2023

ALLOWED