The High Court · 2025

The State of Telangana, Represented by Public Prosec I or, High Court Of Judicature. Sirikonda Sandeep, S/o. Bakkarao Aged about 25 year:; Occ. Agriculture R/o. Oded Village, l\i'lanthani Mutharam tvlandal, Jayash'anka r Bhupalapalli District ,..RESPONDEI,I -S/COMPLAINANTS Petition under Section 482 of Cr.P .C praying that i the circumstances stated in the Memorandum of Grounds of Criminal Petitior. the High Court may be pleased to Quash the proceedings in Crime No.'l S0/2 ( 23 U/Sec_ 10g, 307, 341 , 427 R/w. 149 IPC on the file of P.S. Aadavimr haram against the petitioners/ accused No.3 to 28 l.A. NO: 1 OF 2023 Petition under Section 482 of Cr.P .C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including arrest of the petitioners in Crime No 150/2023 UlSec 109, 307, 341 ,427 R/w. 149 IPC on the file of P.S. Aadavimutharam pending disposal of the main petition for quashing the same. This Petition coming on for hearing, upon perusing the I\4emorandum of Grounds of Criminal Petition and upon hearing the arguments of DR. KADIRI KRISHNAIAH, Advocate for the Petitioners Sri E.Ganesh, the Assistant public Prosecutor on behalf of the Respondent No.1 and Sri C Raman Kumar Reddy, for Respondent No.2. The Court made the following: ORDER l) THE HON'BLE SHRI JUSTICE ANIL KUMI.- I JUKANTI CRIMINAL PETITION No.12218 Olt 2o23 ORDER: This Criminal Petition is liled to quash tl r proceecii,rgs in Crime No 1.5() of 2023 for the offences p r rishable under Sections 109, 307, 347, 427 read with i49 of [n lian Penal Code on the file of Aadavimutharam Police StzLti r-r against the petitioners/ accused Nos.3 to 28 as mentioned ir r -he FIR

2. An F.l R No.15O of 2023, dated 21.11.:2.'23, camr: to be registered in Police Station Javashankar Bhr,r p rlapallv for the offences punishable under Sections 109, 3O7 , .311 , 427 read with 149 of Indian Pena-l Code.

3. It is the case of the complainant that t: : complzrinant's father (Sirikonda Bakkarao) was ofhciating as S: 'panch of Oded village and that he belongs to Bharatiya Ja-niL ha Part5, (BJP), that his father expressed support to one Jongress Party candidate b1- name D.Sridhar Babu and that uI., n he was on his way to Kishtapur village for campajgning in ris car, on the outskirts of Meenajipet viliage, party person(s) rf BRS '"r,ith ex- ZPTC Mandala Rajireddy, Velumareddy Anil F:, ddy, Sunkurthi Saraiah, Ganganaveni Ramesh and others, tole ing 28 zrccused I I I l ') J:\K, J CRLP 122r3 2023 have attacked the complainant's father with rods and sticks with ax intentioil tD kill the father of the complainant.

4. They mercilessiv beat him due to rvhich compiainant's father sr-iffered grievous injur:.rs ;n his head and body and he rvas in a precarious condition. It is further stated in the complaint that his mother was a-1so injured and that one Sugunakar Rao lvas also present there ald he too suffered injuries and the car was totally damaged. It is averred in the compiaint that the entire incident took place on the directions of lvlarthani Constituency BRS il,ILA/Putta Madhukar, rvho is accused No.27 and his son-in-law/ C.Tuligari f@ Bittu Srinivas/ accused No.28. On the basis of the complaint, arr FIR came to bq iodged and the investigation is in the prccess.

5. Learned counsel for petiticners/ accused Nos.3 to 28 invited the attention of this Court to the contents of remand case ciiary, dated 22-11.2023, relying on the contents, it is submitted that the entire episode/ incldent is the outcome of political riva1ry betr.r'een two gr-oups a-nd that accused Nos.3 to 28 ate follower:s and that they are no v?-ay connected except for being followers of political party and its leader. That offences registered against them are pima facie not made out even in the complaint as it is (': J JAK, J CRLP l:]]t8 2021 a complaint lodged with ulterior motive to inr rlicate accused Nos.3 to 28 for the said offences without the,i ' involvement in anJ manner u h lT soever

6. It is cr-.iltended that, on a reading of the cor plaint, F'lR and contents of the remand case diary, no case is r: rde out against accused, more so against accused Nos.3 to 2ti i s they are only follorvers. That, in the absence of any overt ic s attributed to an_r, of the accuscd, Court may show indulgen,. with reqard to petitioners/ accused Nos.3 to 28.

7. On the other hand, learned counsel app('iL' ing on behalf of respondent/ State submitted that the complainiL Lt has given the narnes of all accused, place where the incidenr ,ook placc, that :gnevous rnluries r,vere suffered over the heil i and body and injuries to the mother of complainant and tlr: ingredients of offences are pima facie made out from the corr tlaint, as culled out from the contents. It is pointed out that rlr v are all triable issues, that the investigation is going on and i r.erference is not necessitated.

8. Learned counsel invited the attbntion of t tis Court to the contents of remard case diary and submitted rlr Lt accusecl Nos.3 to 28 were carrying sticks and they threu,in th,r nearby area and 4 JAK, J CRLP i 2218 2023 as such, they could not be gathered but an iron rod and stick were seizeC, used in injuring respondent No.2's father and mother and damaging the car

9. It is submitted that there 13.il case made out to interfere at this stage as the offences committed are grave in nature and if accused Nos.3 to 28 have no ro1e, the same will be considered during the trial. i0. Learned counsel for respondent No.2 reiterated the submissions made by learnerl counsel for State and further submitted tl-rat it was due tc political riva1ry that accused Nos.l anci 2 on the directions of MLA, attacked respondent No.2's father and mother in a preplanned manner with followers and causeci grievous injuries and in the cornplaint, the names of perscns who took pa-rt in the incident have been spelled out and reflected in the remald case diary and FIR. Hence, issues are triable in nature, that a full fledged tria-l is required.

11. Heard learned counsels, perused the record and considereri the submissions.

12. A complaint is lodged by respondent No.2 stating that his father was ofhciating AS Salpanch of Oded village and was (', JAK, J ('RLP lrl18 2023 campaigning in the nearby area. Father i nd mother of complainant, u.hile travelling in their car, r'', l :h was moving from Kishtapur village to Meenajipet village, a lob headed bv accused Nos.l, 2 rlith supporters accused Nos i to 28 attacked complainant's fatl'rer and mother. It is averr: I that grievous injuries u'ere caused to the head and body of fzrtl er, including an attack on the mother of the complainant. Rod ,r rd stick used to cause injuries and damage the car are recoverc.. trlR speaks in the same lines

13. A remald case diary dated 22.1I.2023 is rlaced on record which is a part of the record before the :arned ,Judicial Magistrate of First Class at Bhupalpally, the I rllor.r,ing are the relevalt contents "From the facts collected in the inv: ,tigation it is established that the complainant is rr:r; :lent of ( )ded village of Manthani Mutharam Mandal. '' c Lr.r,.2 is the mother of the Lw. 1, corroborates with tl r statemeut of Lw. 1, Lw's.3 and 4 are the eye witnesses t r the incident, Lws.S and 6 are the panch witnesses for j cne of oflcnce panchanama in CDF, Lw.7 is the invest gation officer. The inlured/ Bakkarao and Lw.2 are bllowers and supporters of the Congress party candidir e Sri Duddilla Sridhar Babu. The A 1 is belongs to the Fil 'S Partv, rhere are old grudges between Lw. 1 and A1. ();r 27.11.2023 at about 21:00 hours, the injured/Bakkar io along rvith Lvt s.2 and 3 to conduct compaign in rdvimutharam 6 JAK, J CRLP_I2218 202J iVlandal is support of congress parlv caldidate Sri Ducidilla Sridhar Babu as part of General Elections, in this regarding the in.lured/ Bakkarao and Lws.2 and 3 are cornpaigned in Kishtapu r village anC going to IV{eenajipet village !c'r r:impaign in their car, while on the wa_v they reacheci at outskir,: ui I(ishtapur village, lhe A- 1 ro A 26 who are bclongs to the ERS Party followers were gathered with iron rod and stick, obstructed the injurcd/ Bakkarao's Car, the A-l and A-2 damaged the indiscriminatelv and dragged the injured/ Bakkai'ao from car."

14. On a perusal of the contents of remand case diary, contents of the complaint read with FIR, it is evident that on

21.11.2023, accused No.1 to 28 attackeci respondent No.2's father and mother, they were injured grievously (as per record). The investigation is still on, though contention is raised in respect of charge sheet having not -been filed within time, the sarne can be agitated before the appropriate Court

15. On a perusal of the contents of material on record, it is forthcoming that bleeding injuries on the head and other body parts of respondent No.2's father and injuries to mother ard alleged to have been made with an iron rod and stick. Medical certificates are anvaiteci, it is noted from the rernand case diary' that accused No.1, 3 to 28 are absconding, remand case diary is dated 22.11.2023. Charge Sheet is not hled yet. 7 JAK, .I CRLP tltl8 2023

16. Prtma facie material on record indicates tt at offenr:es are made out and the contents of complaint spell ,ut the rletails. This Court is not inclined to interfere at this s -age, thr:se are triiLblc issues brst icft to the trizJ Cc,urt to deal r. lr

17. Having considered the entire factual mat lx of the case, this Court is of the opinion that appearalr:r: of petitioners/ I accused Nos.3 to 28 in Crime No.l5O : 2023 before Aadavimutharam Police Station, can be dispense -l with, till hling of the chargc shect and is accordingly dispensec *'ith til1 charge sheet is filed, but. u,ith the following conditions: 1 lt is made clear that petitioners/ acclL ed Nos.3 to 28 shall present themselves before tl e [nvestigating Officer, if their presence is necessarSr fc: the purpose o[ inve stigat ion. ii. [t is also made clear that whoever : ]es not present himself before the Investigating Ofhcr'; , '"r,hen required by the olficer/ authority, this order stands vacated automatically to the extent of that persi, n

18. It is made clear that any observation rr i de in this order sha-ll not influence the Court, while consider I g or conducting the case during trial x I 8 JAK. J CRLP 12216 2023 r- 19 . With the above observations, the Criminal petition is disposed of. Misceilaneous appiications pending, if aly, shall stand clo.ed. S SSI /- L VIJAYA LAXMI TANT REGISTRAR //TRUE COPY// ECTION OFFICER To, 1 2 The Judicral tvlagistrate of First Class, Jayashan The Station House Officer, Police Station, Aadavi MU tharam, Jayas hanka r Bhupalapally District. hupalapally ( Hyderabad (OUT)

3. Two CCs to Public Prosecutor, High Court for the State of Telangana at 4 One CC to DR. KADIRI KRISHNAIAH Advocate (OPUC) 5. One CC to Sri P.Shravan Kumar Goud Advocate (OPUC) 6 Two CD Copies TPK/PSL % I HIGH COURT DATED:0311112025 I /'.: \''\ 't1'c 2t [82026 * I 5 I j( {}: ,g9, ORDER CRLP.No.12218 ot 2023 CRIMINAL PETITION tS DtSpOSt:D OF I