K VENKATARAMUDU Vs. STATE OF A P

JUDGEMENT

(1.) Heard Sri Hemendranath Reddy, the learned Counsel representing the petitioner and the learned Public Prosecutor, Smt. K.Sesharajyam.

(2.) This Criminal Petition is filed to release the petitioner on bail in the event of his arrest in connection with Crime No. 12 of 2002 of Puttaparthy Rural Police Station, Anantapur District.

(3.) The petitioner is Accused No.24 in Cr.No. 12/2002 of Puttapurthi Rural Police Station and it is stated that he is alleged to have committed offences under Sections 147, 148, 323, 452, 427, 436, 353, 506, 341 read with Section 149 of the Indian Penal Code. The case of the prosecution is that on 31-5-2002, one C.Venugopal, who is a Police Constable of Puttaparthi Rural Police Station had lodged a complaint with the Sub-Inspector of Police stating that on 31-5-2002 at about 5 p.m., one Sudhakar and his wife, who are the residents of Mamillapalli Cross came to the Police Station and gave a report that on the same day at about 3 p.m., when she was doing business in her beedi bunk one P.C. 457, namely G.Srinivasulu of the same Police Station came to her bunk for the purpose of purchasing cigarettes and he pressed her breasts, and the crime was registered as Cr.No. 11 /2002 and subsequent thereto the said Srinivasulu was arrested and brought to the Police Station from his residence. It was further stated that at about 7 p.m. one person by name Surapaneni Venkatappa, co-brother of the said Sudhakar, one Kilari Madhusudhana, a resident of Mamillakunta and some others came to the Police Station armed with sticks and threatened the police to handover the said Police Constable Srinivasulu and abused them and that when the S.I. of Police was trying to pacify them saying that action would be taken against the said Constable, nearly about 300 to 400 people who are the residents of Guntipalli, Mamillakunta, Kappalabanda, Kothacheruvu and Puttaparthy armed with sticks and stones and started abusing the police in filthy language by pelting stones at the Police Station and shouted to handover the said Srinivasulu. It is also stated that the said group of people broke open the back side doors of the Police Station and entered the Police Station and they collected the uniform and shoes kept in the rest room and burnt them by pouring kerosene and they also broke some other doors, chairs, buckets and they also stopped the vehicles by putting stones on the road and when the Circle Inspector of Police came there with his staff in his Jeep bearing No.A.P. 9P 411 and while he was speaking to his superiors on phone about the incident, one Chenchaiah @ Kuntodu and his brother Kesappa and some others in the group broke the glass and headlights of the Jeep and that one Erikala Chendrayudu had thrown a stone and that one Prasad who is a Milk Vendor also pelted a stone resulting in simple injury to P.C.No.1212 Naga Mallaiah. It is further stated in the complaint that 24 persons were identified who had pelted stones on the Police Station. It is also further stated that the petitioner was falsely implicated in the crime and he was not at all present at the place of occurrence and he was actually engaged in his agricultural operations and there is no specific overt acts attributed to the petitioner in the F.I.R. except stating that the complainant P.C.No.224 had identified the petitioner along with the persons who had alleged to have pelted stones. It was also further stated that all the other accused were released on regular bail or on bail under Section 438 of the Code of Criminal Procedure, 1973, hereinafter referred to as "Code" for the purpose of convenience. It is also stated that the charge sheet already was filed and the case is numbered as P.R.C.No.65 of 2002. It is also mentioned that earlier the petitioner filed an application for the similar relief in Crl.M.P.No.3761/ 2002 on the file of this Court and the same was dismissed on 16-8-2002.