GAJULASIVAKESAV Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition is filed under Section 438 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking pre arrest bail to the petitioner/A-1 in the event of his arrest in connection with Crime No.147 of 2021 of Dwaraka Tirumala Police Station, West Godavari District for the offences punishable under Sections 364, 348, 328, 323 and 506 r/w 34 of the Indian Penal Code, 1860 (for short IPC).

(2.) The case of prosecution is that the de facto complainant gave complaint under head 'Man missing' stating that on 22.05.2021 evening his father went out from the house and not returned home and found missing. On 24.05.2021 his father returned home in an auto and went to police station and gave statement that he has one brother by name Ambati Satyanarayana who owns Ac.1-00 cents of land and there are disputes between his younger brother and one Gajula Siva Kesavarao. In this process, he supported his younger brother. For that Gajula Siva Kesavarao warned him and disputes arose between them. Keeping in mind on 22.05.2021 at about 5.00 PM, while he was walking, petitioner/A-1 and other accused came in Innova vehicle, abducted him in the said vehicle and shifted him to Chirala Village. Before that vehicle there was also one Swift Desire vehicle followed the Innova vehicle and reached one house where all the accused beat him with hands all over the body and warned him with dire consequences to kill him for supporting his younger brother in the land dispute. Later all the accused left him at Asram hospital, Eluru, then he returned home. Basing on the said statement, section of law was altered from Man missing to aforementioned Section of law and petitioner is arrayed as A-1.

(3.) Heard Sri Krishna CM, learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State.