Decided on August 26,2019

Vinukonda Srinivasu Appellant


U.Durga Prasad Rao, J. - (1.)In this petition filed under Section 438 Cr.P.C., petitioners/ A2 to A4 seek pre-arrest bail in Crime No.123 of 2019 on the file of Ganapavaram Police Station, West Godavari District, registered for the offences punishable under Section 307 r/w 34 IPC.
(2.)On the complaint of L.Srinivasa Rao, the police of Ganapavaram Police Station, registered a case in Crime No.123 of 2019 and investigated into. The brief facts of the FIR are that on 15.05.2019, at 07.00 a.m., the complainant along with his two sons went on his motor cycle bearing No.AP 37AX 6056 to Pragati College, Tanuku, as his elder son was attending betterment exams in that college. After examination, they went to Moyyeru Village to attend a marriage function of relations and after having lunch, while all of them along with the son of their relation namely Siri Sivatanay aged 5 years were going back to their village Uradalapalem of Attili Mandal, on the way at Musalamma Temple, A1 came in the opposite direction on a proclainer bearing No.AP 22AL 7812 and dashed them with a view to kill them. They fell down from the motorcycle and received injuries. In the meanwhile, A2 to A4 and some others who are waiting there to way lay came there along with rods and bet them with a view to kill them. The complainant suffered injuries on his head and right leg. In the meanwhile, some of the relations of the complainant came there and rescued them and admitted them in the hospital.
(3.)Denying the complaint allegations, bail is pleaded for mainly on the submission that the accused are innocent and a false case was foisted against them due to some differences between A1 and the complainant. It is further argued that no specific overt acts are attributed against petitioners/A2 to A4. It is further submitted that the present complaint is a counter blast to the Crime No.56 of 2019 of Attili Police Station, which was registered basing on the complaint given by A2 against the present defacto complainant and some others on 17.03.2019 on the allegation that the accused in that crime bet the complainant and others. FIR No.56 of 2019 was registered for the offences under Sections 341, 324, 323, 506 r/w 34 IPC. It is finally submitted that in Crl.M.P.No.565/2019, A1 was granted bail by VIII Additional District and Sessions Judge, Eluru on 17.06.2019.

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