T.Mallikarjuna Rao, J
1. The Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed on behalf of the petitioners/A2 to A4 herein to grant anticipatory bail in connection with Crime No.127 of 2024 of Nallapadu Police Station, Guntur District.
2. A case has been registered against the petitioners herein and others for the offence punishable under Section 363, 364-A, 232 and 342 read with 34 of the Indian Penal Code (for short ‘the IPC’) and Sections 3(1)(r)(s) and 3(2)(va) of SCs & STs (POA) Amendment Act, 2015.
3. The case of the prosecution is as follows:
The complainant Epuru Sunitha is a resident of Epuru Village. She came to his brother’s house on 11.02.2024 to look-after the baby of her brother and staying at house. On the same day at about 5.00 PM, four male persons came to the house, while her brother Kolikapudi Nagendra Babu was in the house and they discussed with her brother that they want to come out for discussion. When she asked her brother as to whom they are, then he narrated that he took money from Muni of Hyderabad, he contacted him so many times for his money, he did not lift the phone. Muni may sent the said persons. Out of them, A1 due to fear her brother rejected to accompany with them, they forcibly took her brother in a car, when, she contacted her brother, but, he did not answer. On 12-02-2024, her brother contacted her with his mobile number and narrated that he want cash of Rs.5,00,000/- through one Gundimeda Siva Kumar and was handed to them at 2.30pm, when she contacted her brother, he did not answer. On 12.02.2024 at 8.05pm, her brother contacted her and requested Rs.3,00,000/-. Since then, her brother did not return back to house, then, she came to police station and presented a written report to take necessary action against the A1 and three others committed kidnap of her brother from the house on 13.02.2024. Basing on the same, police registered the report as a case in Cr.No.127/2014 for the offence punishable under Sections 363, 364-A, 323 and 342 r/w 34 IPC and Sections 3(1)(r)(s) and 3(2)(va) of SCs & STs (POA) Amendment Act, 2015. During the course of investigation, police arrested the A1 on 16.02.2024 and send to judicial custody.
4. Learned counsel for the petitioners contended that petitioners/A2 to A4 have been falsely implicated in the case. Learned counsel for the petitioners/A2 to A4 further contended that basing on the confession of A1, the case came to be registered against the petitioners/A2 to A4 and the petitioners are no where concerned with the commission of the offence and they are apprehending arrest in the hands of the police, as such prays to enlarge the petitioners/A2 to A4 on anticipatory bail.
5. On the other hand, learned Assistant Public Prosecutor confirms non-filing of charge sheet by the police and opposed for grant of bail to the petitioners. Learned Assistant Public Prosecutor further submitted that the petitioners have no previous antecedents. He further submitted that the investigation is at crucial stage. Learned Assistant Public Prosecutor further submits that notice given to the defacto complainant under Section 156(3) of Cr.P.C.
6. In view of the contentions raised on behalf of the petitioners as well as learned Assistant Public Prosecutor for the respondent-state, I have carefully gone through the material on record.
7. As seen from the record, the contentions of the petitioners that the except the confessional statement of A1 no other independent material has been collected to show the involvement of the petitioners in the commission of the offence. Learned counsel for the petitioners submits that the ingredients of Sections 3(1)(r)(s) and 3(2)(va) of SCs & STs (POA) Amendment Act, 2015 are not attract to the facts of the case as such there are no such accusations made against any of the accused person. Learned counsel for the petitioners submits that the ingredients of Section 364-A of IPC do not attract to the facts of the case. This Court has disclosed the bail application of the A1 in Criminal Petition No.2339 of 2024, wherein this Court has considered that the accusation against the A1 and other accused is that to collect the balance amount, A1 kidnapped LW.4 and confined him and made phone calls to his relatives. Section 364-A IPC deals with kidnap for ransom. The allegations made against the petitioners do not prima-facie show that any ransom was demanded. Learned counsel for the petitioner submits that Section 348 of IPC may apply to the facts of the case, if the accusation made against the petitioners on considered. After carefully reading of the Section 348 of IPC it appears that Section 348 of ICP applies to the facts of the case, as the victim was said to have confined with a view to recover the amount payable by him to A1.
8. Learned counsel for the petitioners relied on the judgment of the Hon’ble Supreme Court of India reported in between Dashrath Sahu vs.State of Chhattisgarh 2024 SCC OnLine SC 72 _____________________________...
9. After considering the material on record, at this stage, this Court views that it is doubtful as to whether Section 364-A IPC attracts to the facts of the case. The petitioners have got permanent abode at Nutakki, Guntur District as such there is no possibility of their fleeing away from justice. When ascertained the learned Assistant Public Prosecutor that no antecedents have been reported against the petitioners according to his instructions.
10. In view of the above facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners/A2 to A4 with the following conditions.
i. The petitioners/A2 to A4 herein shall be released on bail on their executing a personal bond for Rs.50,000/- (Rupees fifty thousand only) each with two (02) sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Special Mobile Court, Guntur;
ii. After release, the petitioners shall attend before the Station House Officer concerned on every Sunday between 10.00am and 12noon for a period of two (02) months; and
iii. that the petitioners are directed not to hamper the investigation and tamper with the prosecution witnesses.
11. Accordingly, the Criminal Petition is allowed.
Pending miscellaneous applications, if any, shall stand closed.
