K.Suresh Reddy, J
1. Accused No.4 in P.R.C.No.10 of 2023 on the file of the learned XVI Metropolitan Magistrate, Bheemunipatnam, Visakhapatnam District, arising out of Crime No. 223 of 2023 of P.M. Palem Police Station, Visakhapatnam Commissionerate, filed the present petition, under Sections 437 & 439 Cr.P.C., seeking his enlargement on bail.
2. Heard Sri P. Durga Prasad, learned counsel appearing for the petitioner, and the learned Assistant Public Prosecutor appearing for the respondent-State.
3. The case of the prosecution, in brief, is that the de facto complainant is a resident of Visakhapatnam and he is doing business under the name and style of 'MVV Constructions'. His father is a Member of Parliament from Visakhapatnam Parliamentary Constituency since 2019. On 11-06-2023, the de facto complainant went to Hyderabad and returned on 12-06-2023 at about 10.30 p.m. Watchman along with wife slept in ground floor and the de facto complainant slept in his bedroom. On 13-06-2023 at about 5.30 a.m., the de facto complainant noticed accused Nos.1 to 3, who were present in front of his bedroom armed with knives. He knows accused No. 1 who used to visit his father frequently. Father of the de facto complainant previously asked accused No.1 not to visit his house. It is alleged that accused Nos. 1 to 3 attacked the de facto complainant with knives, due to which he received cut injuries on his both palms and right ring finger. During the scuffle, knife fell down from the hands of accused No.1 and immediately, the de facto complainant took the said knife and attacked accused No.1 to save himself from accused Nos.1 to 3. In that process, accused No. 1 received two cut injuries and also bleeding injuries on fingers of both his hands. Accused No.1 also received cut injuries on his knees, fingers and on his toes. Thereafter, accused Nos.2 and 3 attacked the de facto complainant and beat him indiscriminately on his hands and head. Being unable to defend himself, the de facto complainant dropped the knife. Thereafter, accused Nos.1 to 3 took the de facto complainant into a room and placed him in a supine position on floor and tied his hands and legs by tearing bed sheet. Accused Nos.2 and 3 cleaned bloodstains on the floor and took photographs of the de facto complainant. They demanded the de facto complainant to pay 30 to 50 crore rupees and they also threatened him to transfer Ac.50.00 cents of land at Parvathipuram in the name of accused No.1. They also asked the de facto complainant to inform the Inspector, Bheemili Police Station, not to trouble accused No. 1 in criminal cases pending against him. Accused Nos. 1 to 3 opened almirah and took an amount of Rs.16,00,000/-, five iPhone mobile phones, seven watches and another cash of Rs.13,860/-. Accused No.1 threatened the de facto complainant at the point of knife and got transferred amounts of Rs.10,000/- and 83,000/- through Phonepe to the account of accused No.10 who is mother of accused No. 1. Not satisfied with the property, all the three accused confined the de facto complainant in third floor on that night. On 14-06-2023 morning, all the three accused threatened the de facto complainant at the point of knife and asked him to telephone to his mother and ask her to come to house on the plea of ill-health. At about 8.30 a.m., mother of the de facto complainant came there and accused Nos.1 to 3 also confined her by tying her hands and legs. Accused Nos.1 to 3 also said to have outraged her modesty by using filthy language. Thereafter, accused Nos.1 to 3 asked the de facto complainant to call his Auditor. At about 11 a.m., his Auditor also came and all the three accused beat him with cricket bat and threatened him to kill with knife. They snatched gold ring, platinum ring and gold chain and demanded more amounts from the Auditor. The de facto complainant is shown as L.W.1, his mother is shown as L.W.2 and the Auditor is shown as L.W.3. L.W.3 contacted L.W.9, Managing Partner, Padma Pujitha Finance, Visakhapatnam, over phone and secured an amount of Rs.1,00,00,000/-. Accused Nos. 1 to 3 distributed the said amount among themselves in the presence of L.Ws.1 to 3 and they further threatened to bring more ransom around 50 crore rupees. Unable to bear the harassment, the de facto complainant contacted his accountant and got withdrawn an amount of Rs.60,00,000/- from his personal bank accounts. Accused Nos. 1 and 2 shared that amount among themselves. Accused No. 1 sent Rs.32,00,000/- of ransom amount to his advocate, i.e. accused No. 4, by calling him to that building and gave instructions to send an amount of Rs.22,00,000/- to his parents, i.e. accused Nos. 10 and 11, and asked accused No. 4 to keep Rs.10,00,000/- with him towards his fee. Accused No. 2 sent an amount of Rs.75,00,000/- in two parts to his parents, who are shown as accused Nos. 7 and 9, through his associates who are shown as accused Nos. 5 and 6. On 15-06-2023 also, accused Nos. 1 to 3 continued to harass L.Ws.1 to 3 for more ransom. On that, L.W.3 contacted another person and requested him to arrange an amount of Rs.25,00,000/- informing that he will inform the place later where the said amount has to be handed over. Anticipating problem, accused Nos. 1 to 3 forcibly took L.Ws.1 to 3 and Audi Car belonging to L.W.4, dumped the remaining extorted property in the car and left the building in Rushikonda. On the way, near Neelakundilu area, accused Nos.1 to 3 dropped L.Ws.1 to 3 and while escaping, accused Nos.1 and 2 were caught by police but accused No.3 absconded. During the course of investigation, the police arrested accused Nos.1 to 11 and recovered an amount of Rs.1,42,62,170/- out of the ransom amount of Rs.1,76,93,000/-.
4. Learned counsel appearing for the petitioner strenuously contends that the petitioner is a practicing advocate and accused No.1 is his client; that on the fateful day, accused No. 1 sent a bag asking the petitioner-accused No.4 to keep it in his house, but the petitioner-accused No.4 is not aware of the contents of the bag and that as the bag was sent by his client, he kept the same in his office and except the same, he has nothing to do with the alleged offences committed by accused Nos.1 to 3. Learned counsel further submits that the petitioner has been arrested on 15.06.2023 and since then, he has been in judicial custody and charge sheet has already been filed and the case has been numbered as S.C.(NDPS) No.455 of 2023, therefore, requests this Court to enlarge the petitioner on bail.
5. Learned Assistant Public Prosecutor, on the other hand, opposes the petition.
6. This Court perused the entire material available on record. As can be seen from the allegations, the petitioner herein/accused No.4, who is a practicing advocate, has not participated in the alleged attack. In that view of the matter and since the petitioner has been in judicial custody since 15.06.2023 and now that the entire investigation has been completed and charge sheet has been filed and after committal, the case has been numbered before the Sessions Court, this Court is inclined to enlarge the petitioner on bail.
7. Accordingly, this criminal petition is allowed and the petitioner/A4 is directed to be released on bail on his executing a personal bond for Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for a like sum each to the satisfaction of the learned XVI Metropolitan Magistrate, Bheemunipatnam, Visakhapatnam District. It is directed that the petitioner shall not tamper with the prosecution witnesses.
