PEDINI ADIKANDA Vs. DASARI PALLI

JUDGEMENT

(1.) This is an informantTs application for cancellation of bail under See.439(2), Cr.P.C. granted by the learned AddI. Sessions Judge, Berhampur in favour of opp. Parties 1 to 4 in S.C. Case No. 43 of 1998 under Sees. 147/148/323/352/294/506 read with Sec. 149, IPC.

(2.) The brief fact of the prosecution case was that on 6-10-1996 at about 9.00 p.m. while the informant was talking with his field servant R. Haribandhu, the deceased, he found opp. parties 1 to 4 along with others being armed with deadly weapons came to his farm house and abused him in filthy language. Accused D. Dillip dealt a blow on his head by means of an iron rod anti seeing the assault deceased Haribandhu came to the rescue of the informant, but opp. parties 1 to 4 and others assaulted the said Haribandhu by means of deadly weapons like iron rod and lathi. On the basis of the report in the Minjili Police Station. P.S. Case No. 94 of 1996 was instituted which ultimately was registered as G.R. Case No. 309 of 1996.

(3.) It is the case of the petitioner that opposite parties 1 and 2 along with three others moved the AddI. Sessions, Judge. Berhampur for bail and the bail application having been rejected by order dated 7-2-1997 in Criminal Misc. Case No. 64 of 1997 (Cr1. Misc. Case No. 11 of 1997 GDC), they moved this Court for bail in Criminal Misc. Case No. 1067 of 1997. The application for bail in respect of opp. parties 1 and 2 and two others was not pressed but one Naidu Banamali who was petitioner No.3 in that case was released on bail on the finding that the materials as against him were not specific inasmuch as he was an old man of 58 years. Opp. parties 1 and 2 along with two others again filed Criminal Misc. Case No. 4124 of 1997 on 31-10-1997 and on hearing the learned counsel for the parties and on perusal of the records this Court in order dated 22-12-1997 having prima facie found from the evidence that petitioner No.1 Dasari Polli was holding a rod and that he at the first instance injured the informant hitting the iron rod on his head causing bleeding injuries and all these petitioners were armed with weapons inasmuch as the FIR and statements of witnesses having disclosed that Dasari Polli and Megha Das instigated the incident whereas Dasari Polli made the first assault on the informant as well as the deceased the accused opposite parties were not entitled to bail and accordingly, the bail application was rejected in respect of Dasari Polli (opp. party No.1) and Megha Das (opp. party No.2) while accused Naidu Budhia and Gujari Madhusudan were released on bail.