Telangana High Court Grants Anticipatory Bail To Six Persons Accused Of Attacking District Collector
The Telangana High Court granted anticipatory bail to six persons–including a woman, accused of carrying out an attack on a District Collector in Lagcherla Village last month allegedly during a public hearing regarding the setting up of the proposed Pharma company in the village.
It was alleged that when the District Collector and other officers reached the village, various persons including the petitioners and others formed into an unlawful assembly, stopped the vehicle of District Collector with slogans at Anjaneya Swamy Temple of the said village. When the District Collector and Special Officer came out of their vehicles, the aforesaid accused attacked on the Special Officer. Sensing the same, that they would definitely attack with stones, sticks and red chilly power, the complainant and other officers shifted the District Collector immediately in his vehicle. In the meantime, the accused persons damaged the other vehicle belongs to the District Collector.
The accused petitioners were booked under Sections 191 (rioting), 109 (attempt to murder), 121(voluntarily causing hurt or grievous hurt to deter public servant from discharging his duty), 126 (wrongful restraint), 324 (Mischief) read with 190 (every member of unlawful assembly guilty of offence committed in prosecution of common object) BNS and Section 3 (Mischief causing damage to public property) of the Prevention of Damage to Public Property and had approach the high court seeking anticipatory bail.
Perusing through the sections Justice K. Lakshman in his order observed that to constitute an offence under Section 109 of BNS, there should be intention to kill or knowledge that such act would cause death of the person. The court also noted that the punishment for all the offences except Section 109 of BNS is below 7 years.
Referring to various judgments the court then said that the Court has to consider the nature of accusations against the petitioners, injuries received by the victim and other factors as to whether the petitioners have intention to kill the victim and others. Noting that the nature of the injuries on one of the officers were simple, the high court also said that one of the accused's name was added during the course of investigation and was not found in the complaint.
Referring to statements of witnesses the court said, "Perusal of the aforesaid statements would also reveal that prima-facie, there is no evidence that petitioners gathered there with an intention to kill the officers...Prima-facie the allegations are against A-2. There are no specific overt acts against the petitioners herein. The role played by each of the accused in commission of offence is not stated by any of the witnesses. The allegations are general in nature".
"As discussed supra, the contents of complaint dated 11.11.2024 and statements of the witnesses recorded constitute the ingredients of Section 109 of BNS cannot be decided by this Court in a petition filed under Section 482 of BNSS seeking anticipatory bail. This Court cannot do said exercise in the present application. This Court will consider the aforesaid aspects including the accusations against the petitioners, specific overt acts against them etc. Petitioners herein are agriculturists. 6th petitioner is a woman and she is aged about 58 years," the court said.
It thereafter granted the six petitioners anticipatory bail stating that in the event of their arrest they will be released on bail subject to certain conditions including personal bonds of Rs. 10,000 each, weekly appearances before the Investigating Officer, cooperation with the investigation, non-interference with witnesses.
Background:
The case pertains to the alleged attack that took place on the District Collector and other officials when they approached the residents of Lagcherla Village for the purpose of conducting public hearing with regard to establishment of Pharma Company. According to the complaint, the State officials initially organized a meeting with the residents on the outskirts of Lagcherla Village.
However, at the prompting of one of the accused, the State authorities agreed to meet the residents in the central part of the village. It has been alleged that when the State officials arrived there, the residents were armed with sticks, huge rocks, and chili powder chanting the slogan 'go back pharma city'. It was alleged that the State officials were ambushed, their vehicles were heavily damaged and all of them sustained some injuries.
Case title: Pathlavath Gopal Naik vs. State of TS
Crlp 14931 of 2024
Counsel for petitioner: R. Prashanth appearing on behalf od Pathlavath Gopal Naik
Counsel for the respondent: Palle Nagreshwar Rao (PP)