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RAVI KUMAR Sanampudi
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1

IN THE COURT OF II ADDL. DISTRICT AND SESSIONS JUDGE, GUNTUR.


Present: Ms.A.Vasanthi,
II ADDITIONAL DISTRICT AND SESSIONS JUDGE, GUNTUR.
Friday, this the 22nd day of January, 2021
Crl.M.P.105/2021 in Cr No.660/2020 of Lalapet P.S.,
Between:-
1.Bathula Brahma Rao @ Chinna Brahmam (A1)
S/o.late Nageswara Rao, aged about 25 years,
2.Malle Prabhu Kumar @ Prabhu (A2),
S/o.late Venkateswara Rao, aged about 21 years.
3.Bathula Barahmam @ Peda Brahmam, (A3)
S/o.late Nageswara Rao, aged about 32 years,
All are residents of Vadderagudem, 5th lane, Sangadigunta, Guntur,
Guntur District.
... Petitioners/A1 to A3
-AND-
The State : S.H.O., Lalapet P.S.
Rep., by its Addl.P.P. Guntur. ... Respondent/Complainant.
This petition came before this court through Blue Jeans App. on this day i.e.
21.01.2021 for hearing in the presence of Sri K.Sri Ramulu, Advocate for the petitioners
and of the learned Addl.P.P for Complainant, and upon perusing the record, this court
made the following :
ORDER
This is the 3rd application filed by the petitioners / A1 to A3 u/Secs.437 and 439
Cr.P.C, seeking regular bail to them in Cr.No.660/2020 of Lalapet P.S., for the offences
punishable u/Secs.143, 144, 147, 307, 324 r/w.149 IPC.

2. Notice given to the learned Addl. Public Prosecutor through Whats App. Heard
both sides through video conference.

3. The learned counsel for the petitioners submitted that the petitioners are innocent
persons and falsely implicated in this case and that the F.I.R is belated and concocted one
and that there are some disputes between the defacto complainant and the petitioners
herein with regard to pathway and in order to dictate the terms in the said disputes, the
complainant filed this case and that most of the investigation is completed, except filing
charge sheet and hence prayed the Hon’ble Court to grant bail to the petitioners.

4. The learned Addl.P.P., strictly opposed the bail to the petitioners and submitted that
the investigation is in progress and that they have to receive some crucial documents from
the concerned authorities and prayed the Hon’ble Court to dismiss the petition.

5. The point for consideration is -


Whether the petitioners are entitled for grant of regular bail?

6. POINT :
This is a case of rioting armed with deadly weapons by gathering as unlawuful
assembly, attempt to murder and voluntarily causing hurt with common intention, that
occurred on 20.12.2020 at 7.30 p.m., at 5 th lane, Vadderagudem, Sangadigunta, Guntur
town and the same was reported in the concerned police station on 20.12.2020 at 7.30
p.m., by the defacto complainant by name Malle China Venkateswarlu, in which he
complained that a path way dispute was existing between the parties and keeping the
same in their mind, on 19.12.2020 afternoon at about 2.0’ clock, his grand son, by name
Baji, while walking through pathway, Ramana’s grand son pushed him and he came to
know about the same, when he asked them, all petitioners and some others attacked him
by raising shouts and further among them, A1 beat him on his head with a stick and
2

caused bleeding injury and the remaining were beaten him with hands and legs and later
he rushed to Government General Hospital and on the next day in the night hours at
about 7.30 p.m., he along with his son, Sambasiva Rao, were present opposite to his
house, A1 to A3 armed with iron rods and A4, A5 and A7 along with some others armed
with sticks and attacked them, beat his son on his left hand, head and back and caused
bleeding injury on his head, when himself and his family members intervening, they beat
them indiscriminately, abused them and one Adilakshmi was beaten with a stick, resulting
which she received bleeding injury on her head and the remaining persons were received
invisible injuries and on seeing the arrival of neighbours, the above petitioners and some
others left the scene of offence.

On perusal of the case diary and other material on record, so far the prosecution
have examined as many as 8 witnesses. According to the version of the prosecution, they
have to examine some more witnesses and they have to receive wound certificates of the
victims and A6 is yet to be arrested and that considering the above observations, this
court dismissed the earlier petitions filed by the petitioners. The prosecution have
examined the above cited witnesses i.e. L.Ws.1 to 8 by 21.12.2020, after that they did not
examine any other witnesses, but they simply submitted that they have to examine some
more witnesses and have to be arrested A6 and that the petitioners were arrested on
26.12.2020 and since then they have been in judicial custody. In view of the above
observations i.e. completion of material part of investigation coupled with the observation
that the petitioners are having fixed place of abode at Vadderagudem, 5 th line,
Sangadigunta, Guntur, as such there is no possibility of the petitioners to flee away from
the jurisdiction of the court. Hence, this Court is of the considered opinion that it is a fit
case to allow the petition by imposing some conditions.

7. In the result, the petition is allowed and the petitioners / A1 to A3 shall be enlarged
on bail, subject to condition that they shall execute a personal bond, for a sum of
Rs.15,000/- each (Rupees Fifteen thousand only) with two sureties for a likesum each to
the satisfaction of learned IV Additional Junior Civil Judge, Guntur.

Further, the petitioners / A1 to A3 are directed that they shall appear before the
concerned S.H.O., on every Sunday in between 10.00 A.M and 5 P.M., for a period of two
months or till filing of the charge sheet, whichever is earlier.

Further, the petitioners / A1 to A3 are directed to co-operate with the Investigating


Officer as and when their presence is required with regard to further investigation if any.

Further, the petitioners / A1 to A3 are directed to maintain social distancing and


they are further directed to follow the guidelines issued by the State from time to time
regarding Covid-19, failing which the petition shall stands dismissed.

Typed to my dictation, corrected and pronounced by me this the 22nd day of


January, 2021.
Sd/-A.Vasanthi
II Addl. District Judge,
Guntur.
Copy through Electronic media to:
1.The IV Additional Junior Civil Judge, Guntur.
2.The Addl.Public Prosecutor, II ADJ Court, Guntur.
3.The S.H.O., Lalapet P.S.
4.Sri K.Sri Ramulu, Counsel for petitioners, 98485 60442
5.The Superintendent, District Jail, Guntur.

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