B.MAHALAKSHMI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners/Accused Nos. 8 to 10 in Crime No.581 of IV Town Police Station, Kurnool, filed this petition under Section 438 of Criminal Procedure Code (for short 'Cr.P.C') to direct the Station House Officer, IV Town Police Station to release the petitioners on bail, in the event of their arrest in connection with the above crime for the offences punishable under Sections 341, 307 and 324 r/w 34 of Indian Penal Code (for short 'I.P.C').

(2.) The case of prosecution in nutshell is that, on 20.07.2020 at about 11:00 PM at Weaker Section Colony, the defacto complainant while he was returning to home after visiting a temple, Accused Nos. 1 and 2 attacked him with knife, caused injuries on head, right ear and left side of the chest and remaining accused beat him with sticks and caused mute injuries on his back and wrist. When father of the defacto complainant went to rescue the defacto complainant, Accused Nos. 1 to 7 beat his father, caused bleeding injuries to his father and on 21.07.2020 at 18:00 hrs, defacto complainant lodged a complaint before the IV Town Police Station, Kurnool and on the strength of the same, crime was registered.

(3.) The main contention of these petitioners is that, the petitioners are innocent of any offence and the allegations made in the complaint do not constitute an offence punishable under Section 307 I.P.C. The defacto complainant and his relatives beat the petitioners and the petitioner's son sustained severe injuries and they are taking treatment in Kurnool General Hospital and petitioners lodged a report with the IV Town Police Station, Kurnool in Crime No.582 of 2020 under Sections 324, 506, 509 and Sections 3(1)(r) and 3(1)(s) of SC/ST POA Act. In the petitioners complaint, it is alleged that the defacto complainant and his relatives previously beat the petitioners and a case under SC/ST (POA) Act bearing SC No.59 of 2019 was also registered and after completion of investigation, after filing charge sheet before the VI Additional Sessions Judge, Kurnool, and it is coming on for trail after fixing schedule. Thus, there was bitter enmity between two groups on account of previous sessions cases before it and that the defacto complainant developed grudge and ill-feeling against these petitioners and foisted a false case against these petitioners.