Uruchintala Aarif & Ors. vs State Of Andhra Pradesh & Ors.

Dr V R K Krupa Sagar, J

This Criminal Petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 is filed on behalf of the petitioners/accused, seeking anticipatory bail in connection with Crime No.90 of 2024 of Tadipathri Town Police Station, Ananthapuram District, registered for the offences punishable under Sections 147, 148, 188, 353, 332 read with 149 IPC..

Heard learned counsel on both sides and perused the record.

The petitioners contend that they are innocent and unreasonably they are accused of these offences and have reason to believe that they may be arrested.

Respondent contends that the peace in the society was disturbed and the property was damaged. The presence of the petitioners in Tadipatri is likely to create further unrest.

The material on record disclosed the names of big and not so big persons belonging to two leading political parties - one, the then ruling party, the other, the then opposition party. The incident occurred while this democracy was gearing up for elections to parliament and assembly. The allegations are that the rival groups of persons, large in number holding weapons, being led by their leaders, had their own plans drawn up, engaged in pelting stones and caused damage to the vehicles and injuries to police.

Record further shows that the investigation progressed, statements of certain witnesses were recorded, necessary mahazars were prepared, certain items were seized and some of the accused were arrested. Broad statements apart, one could not notice any specific overt acts except the verbal utterances on part of the petitioner. The incident, though created panic, is one that does not seem to require any custodial interrogation. Given the fact that the petitioner is ordinary resident of the area, minding his own avocation; granting the prayer does not dent the smooth investigation. However, there is need to hedge the emotions of rival groups, so as to allow the peace to thrive and perpetuate. Therefore, conditioning them by certain terms would serve the process of justice well.

Observations made here are limited to the present proceedings.

In the result, this petition is allowed in the following terms:-

In the event of arrest of the petitioners herein/ accused, they shall be enlarged on bail on their executing personal bonds for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties of the like sum each to the satisfaction of the concerned arresting/Investigating Officer. The petitioners/accused shall mark their attendance before the Investigating Officer on 7th and 21st of every month between 10.00 AM and 1.00 PM for a period of three months or till filing of the charge sheet whichever is earlier. The petitioners/ accused shall make themselves available for investigation by a police officer as and when required, and they shall not, directly or indirectly, make any inducement, threat or promise to any persons acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer. The petitioners/accused shall not indulge in similar acts of crime. From the time they avail the bail, they shall stay away from Tadipatri town for a fortnight.