LAWS(APH)-2023-11-51

PALLAMPARTHI DILEEP Vs. STATE OF ANDHRA PRADESH

Decided On November 29, 2023
Pallamparthi Dileep Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) This Criminal Petition is filed by petitioner/A.3 under Sec. 438 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C) seeking anticipatory bail in Crime No. 109 of 2022 of Sullurupet Police Station, Nellore District, registered for the offences punishable under Sec. 448, 326, 324, 323, 427 and 506 read with 34 Indian Penal Code, 1860 (for short, 'I.P.C') and Sec. 3 (1) (r) (s) of SCs and STs (POA) Act, 1989 (for short, 'the act).

(2.) Brief facts of the prosecution case is that, the offences allegedly said to have been occurred on 15/8/2023 at about 21.40 hours at Soniagandhi nagar, Sullurupeta town, at that time, there was heavy rain and water stagnated on the street. All the accused were travelling in the car and A.4 was driving the car rashly. When the car passed, the water stagnated on the road have spilled on Sridhar and his wife and those two persons stopped the car. A1 and five members have got down the car and arguing with Sridhar and his wife. The defacto complainant's father was standing on the road. A1 along with other accused picked up quarrel with the defacto complainant's father and abused him by touching his caste on the pretext that defacto complainant's father kept boulders on the road. When the defacto complainant questioned them, all the accused trespassed into the defacto complainant's house by kicking the gate door, beat him on his face as a result of which, his tooth were dislocated. They also pelted stones on him and his younger brother and caused multiple injuries. A.1 also abused the defacto complainant's mother on her caste lines and threatened her with dire consequences that to vacate the house and damaged flower pots and created havoc in the premises.

(3.) Learned counsel for the petitioner/A.3 submits that due to political influence, a false case was foisted against the petitioner; petitioner/A.3 has no knowledge of the defacto complainant's caste; there are no allegations leveled against the petitioner in the complaint dtd. 15/8/2023; at the time of incident, the petitioner was at Chennai to look after his father, who was suffering with liver problem; petitioner was ready and willing to cooperate fully with the investigation.