K.C. BHANU CRIMINAL PETITION No. 640 of 2012 · Andhra Pradesh High Court

These criminal petitions are filed under Sections 437 and 439 Cr.P.C., seeking release on bail, pending enquiry and trial in P.R.C. No.46 of 2011, which is registered for the offences punishable under Sections 147, 148, 324, 326, 307, 302, 120-B r/w 149 IPC and Sections 3 and 5 of E.S. Act and Section 9(B)(2) of Explosives Act, 1884, on

the file of II-Additional Judicial Magistrate of First Class, Kadapa, Kadapa District. Brief facts that are necessary for disposal of these petitions are as follows: The petitioners are A1 to A8. It is alleged by the prosecution that A2, A5 and A20 are brothers and close relatives of one Subbi Reddy, who was the deceased in Crime No.137 of 2010 of Pendimarry P.S. The deceased in this case is A3 in the said crime. It is further alleged that A1 to A8, and A10 to A14 conspired with A9 who is the cousin of the deceased Subbi Reddy and a practicing advocate at Kadapa. On 29.05.2011, at about 11.00 a.m. all the accused conspired at the house of A3. On

05.06.2011, at about 11.15 a.m. A10 drove the lorry AP- 04-T-1238 on the instigation of A1 who was present in the cabin and intentionally hit the Bolero, in which the deceased and some others were travelling. A6 and A7 hurled one bomb each on to the front and backside of the Bolero and both the bombs exploded. On seeing the explosion of the bomb, the driver of Scorpio drove towards Cherlopalli side to escape, but that vehicle went into the roadside ditch. At that time, A2 to A5 and A11 to A15 attacked the Scorpio vehicle. A2 to A5 hurled one bomb each out of which two bombs exploded, as a result of which, the deceased sustained splinter injuries on his left back and right arm. A2 to A5 and A11 to A15 hacked the deceased with hunting sickles indiscriminately and caused severe bleeding injuries. After all the accused left the place, the witnesses who were travelling in Bolero came and saw the deceased with multiple injuries. Two witnesses who are the accused in Crime No.137 of 2010 of Pendimarry P.S., also sustained serious injuries and they were shifted to hospital. The police, upon receiving complaint from one of the witnesses LW.1, registered a case. The police seized the incriminating material from the scene of occurrence. Upon the arrest of A1, certain incriminating weapons used in the commission of offence were also seized. Learned counsel for the petitioners in both the applications submitted petitioners agriculturists and since the police completed investigation and filed charge sheet, the petitioners may be released on bail by imposing any condition. Learned Additional Public Prosecutor opposed the bail applications. The cause of death of the deceased was due to shock and circulatory failure due to multiple injuries over head. Though the investigation is completed and police filed the charge sheet, the offences appear to be a retaliation to the death of one of the close relatives of A2, A5 and A20 relating to Crime No.137 of 2010 of Pendimarry P.S. Prima facie, it appears to be a pre-planned attack on the deceased and other accused in Crime No.137 of