Memorandum of Criminal Petition

(Under Section 438 of Cr.P.C.)

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

[Link]. OF 2023
IN
Crime No. 172 OF 2023
(ON THE FILE OF [Link])

Between

1. Ambati Kumar, S/o Mallaiah,

Aged about 75 years, Occ: Agriculture,
R/o. Seriguda Bhadraiahpalli Village,
Kothur Mandal, Ranga Reddy District.

2. Ambati Kishtamma, W/o Kumar,

aged about 50 years, Occ: Agriculture,
R/o Seriguda Bhadraiahpalli Village,
Kothur Mandal, Ranga Reddy District

3. Ambati Vishnu, S/o Kumar,

Aged about 40 years, Occ: Agriculture,
R/o Seriguda Bhadraiahpalli Village,
Kothur Mandal, Ranga Reddy District.

4. Ambati Ishwar, S/o Kumar,

Aged about 35 years, Occ: Agriculture,
R/o Seriguda Bhadraiahpalli Village,
Kothur Mandal, Ranga Reddy District.

5. Ambati Bal Raj, S/o Kumar,

Aged abiout 30 years, Occ: Agriculture,
R/o Seriguda Bhadraiahpalli Village,
Kothur Mandal, Ranga Reddy District.

6. Ambati Mahendar, S/o Rajendar,

Aged about 33 years, Occ: Agriculture,
R/o Seriguda Bhadraiahpalli Village,
Kothur Mandal, Ranga Reddy District.

7. Ambati Sunitha, W/o Vishnu,

Aged about 35 years, Occ: Housewife,
 R/o Seriguda Bhadraiahpalli Village,
Kothur Mandal, Ranga Reddy District.

8. Ambati Nandu, S/o Kistaiah,

Aged about 30 years, Occ:
R/o Seriguda Bhadraiahpalli Village,
Kothur Mandal, Ranga Reddy District. …
Petitioners/
Accused No.1 to 8
VS.
The State of Telangana,
represented by Public Prosecutor,
through the S.H.O, P.S. Kothur. …..Respondent

The address for service of all notices and process of the above
named petitioner is that of his counselRAPOLU BHASKAR
(16660), Advocate, Plot No.501, Vaishnavi Nest Apartments,
Dilsuknagar, Hyderabad – 36.

The address for services of all notices and process of the

respondent is as same as that shown in the Cause Title.

ANTICIPATORY BAIL

The petitioner prefers this Memorandum of Criminal Petition

for the grant of anticipatory bail in FIR No. 172/2023, dt. 29-
06-2023 on the file of P.S. Kothur, Cyberabad District for
alleged offence under Sections 326, 504, 506 r/w 34 IPC.

Brief facts of the case:

1. It is submitted that the brief facts of the case, the respondent

No.2 went to Kothur PS and lodged a complaint against the
petitioner as follows “on 29-06-2023 at about 8.30 hrs his
cousins namely 1. Ambati Kumar, S/o Mallaiah, 2. Ambati
Kishtamma, W/o. Kumar, 3. Ambati Vishnu, S/o Kumar, 4.
 Ambati Ishwar, S/o. Kumar, [Link] Balaraj, S/o. Kumar, 6.
Ambati Mahender, S/o. Kumar, 7. Ambati Sunitha, W/o.
Vishnu, 8) Ambati Nandu, S/o. Kishtaiah were while
constructing compound around his land, he and his brother
Amabti Srinivas aged 41 years went there and questioned
about constructing the compound around his land, then the
above said persons started quarrel with them, meantime
Ishwar beat Ambati Srinivas with Ax on the backside of the
neck, kumar beat him on the left ear with the same ax
resulting they sustained blood injuries. Vishnu used Hoe and
Kistamma used Scythe to struck them and the rest of the
people attacked with stones and kicked with legs, scolded in
filthy language and threatened to kill. Further he stated that
the incident was witnessed by Maldevu Siva Krishna, S/o.
Nasimhulu, Emme Srisailam, S/o. Samba Shivudu, and Emme
Danavath, S/o. Rangaiah. Hence requested to take necessary
action as per law”. All are false and fabricated allegations as
such denied and devoid of truth the same is not maintainable
in the eye of law.

2. It is submitted that the petitioners are law abiding citizens,

they did not commit any offence as alleged by the
complainant, and they has been looking after welfare of their
families and they are poor, if they are convicted they will be
put to irreparable loss to the petitioners and their families. In
fact on the instigation of the rivals of the petitioner, the police
registered this false case which is not maintainable in the eye
of law.
3. It is submitted that the petitioners did not committed any
offence as alleged by complainant intentionally and wantonly.
He hatched a plan to harass the petitioners, as such he filed
the false complaint against the petitioners without having any
prima-facie and balance of convenience hence, it is not
maintainable in the eye of law.

4. It is submitted that, there are some civil disputes going on

between the families regarding the joint family property. The
complainant registered this complaint just to harass the
petitioners in the name of false criminal cases. The
complainant along with his relatives started abusing the
petitioners in filthy language and started beating them
indiscriminately; but the petitioners never beat the
complainant. The petitioners tried to protect themselves
through self defence.

5. It is submitted that the Petitioners herein has filed

anticipatory bail petition before the Hon’ble Addl. Metropolitan
Sessions Judge, Ranga Reddy District at LB nagar vide
[Link].2025/2023 in FIR No. 172/2023 on the file of P.S.
Kothur, and the same was dismissed on 05-08-2023 on the
ground that the section of law was altered from 324 IPC to
326 IPC, the petitioners presence is required for further
investigation.

6. It is submitted that sec-326 of IPC says Voluntarily causing

grievous hurt by dangerous weapons or means—Whoever,
except in the case provided for by section 335, voluntarily
 causes grievous hurt by means of any instrument for
shooting, stabbing or cutting, or any instrument which, used
as a weapon of offence, is likely to cause death, or by means
of fire or any heated substance, or by means of any poison or
any corrosive substance, or by means of any explosive
substance, or by means of any substance which it is
deleterious to the human body to inhale, to swallow, or to re-
ceive into the blood, or by means of any animal, shall be pun-
ished with 1[imprisonment for life], or with imprisonment of
either description for a term which may extend to ten years,
and shall also be liable to fine.

7. It is submitted that Sec-326 of IPC is not maintainable against

the petitioners, there are no grave injuries, infact the defacto
complainant managed the private hospital and obtained a
fake and false medical certificate in this case and even as per
the Medical certificate which was issued by the private
hospital is also not applicable for adding the section of law
into 326 IPC. Sec 326 of IPC is gravious in nature. The
definition of section of law is not applicable for said medical
certificate even though the same was not appreciated by the
court below.

8. It is submitted that, the police concern i.e., the respondent

and defacto complainant intentionally and wontedly trying to
arrest the petitioners due to which the petitioners approached
this Hon’ble High Court and filed WP No.18327/2023. This
Hon’ble Court also directed the respondent to follow the 41A
CrPC. Thereafter to bypass the 41A CrPC, the police concern
 colluded with the defacto complainant and altered the section
of law only to harass the petitioners. The copy of order of this
Court is annexed herewith for the kind perusal of this Hon’ble
Court.

9. It is submitted that there is no specific allegations against the

petitioners in the complaint made by complainant, even
though the complainant colluded with the respondent-police
and filed the false complaint only to harass the petitioners,
hence, it is not maintainable in the eye of law.

10. It is submitted that the section of law 326 of IPC is not

maintainable against the petitioners, because of there is no
intention to kill the complainant without having intention and
without having causing any voluntary hurt, the section of law
326 of IPC cannot be maintainable against the petitioners,
even though to bye-pass section 41-A of Cr.P.C, complainant
and respondent both are colluded to each other and attached
a plan to harass the petitioners and lodged the false
complaint against the petitioners, without having any
commission of offence, hence, it is not maintainable in the
eye of law.

11. It is submitted that there is no ingredients of 326 of IPC,

as per the entire contents of the complaint, there is no
specific allegations to commit the voluntary hurt by the
petitioners, even though he lodged the false the complaint
with vague allegations against the petitioners, basing on such
false allegations, the police concerned has been registered
 the false case against the petitioners, hence, it is not
maintainable in the eye of law.

12. It is submitted that as per the contents of the complaint

on 29-06-2023, the complainant has filed the complaint
against the petitioners, but there is no proof and also there is
no valid grounds to show his bonafides, hence, it is not
maintainable in the eye of law.

13. It is submitted that it is unlawful and without any

evidence. It is the duty of the police authorities to issue notice
under 41 Cr.P.C. and file the charge sheet. But without issuing
any notice under 41 Cr.P.C., the police concerned trying to
arrest the petitioner illegally.

14. It is submitted that the Hon’ble Apex Court, in Arnesh

Kumar Vs State of Uttar Pradesh clearly directed the police
authorities to issue notice under 41 Cr.P.C. for punishable
offences in any 7 years offence. The police kothur are not
following the directions of the Apex Court and trying to arrest
the petitioners illegally.

15. It is submitted that the petitioners is having properties

and assets in Kothur. As such there is no question of jumping
from the case.

16. It is submitted that the petitioners under takes that they

will cooperate with the investigating agency, with the
 concerned police authorities and also they are undertaking
that they cannot hamper and tamper records in the above
crime.

17. It is submitted that the petitioners are ready to prove

their innocence at the time of trial. But without conducting
detailed enquiry, the police concerned trying to arrest the
petitioners illegally. If they succeed and arrest the petitioners,
the petitioners will be put to irreparable loss.

18. It is submitted the petitioners is ready to produce

sufficient sureties as per the directions of this Hon’ble Court.
And also they undertakes to follow the conditions which will
be laid by this Hon’ble Court.

19. I submit that the civil disputes has been continuing

between the petitioners and the complainant, by taking the
advantage of disputes complainant and others illegally
trespassed into my land and created a panic situations and
they tried to kill me and my family members, due to which the
petitioner No.2 lodged the complaint against the complainant
and others, basing on such complaint a case in Crime No.174
of 2023 for the offences U/Sec.324, 504 r/w 34 of IPC against
the complainant and others the same is pending for
investigation.

20. It is submitted that the above case is purely false and is

not maintainable in the eye of law. It is a false case filed
 against the petitioners intentionally and wantedly, the police
concerned is trying to arrest the petitioners illegally.

21. The petitioner submits that, the police are regularly

calling the Petitioners and terrorizing and threatening him
they would arrest the him on the complaint received by them
which was a false and made wantonly to implicate him at the
instance all this illegal thingsbeing done by the defacto
complainant.

22. The petitioners submits that their names was wantonly

noted in the above said crime and all the allegations leveled
against him are all false and he was no way connected in the
said crime.

23. The petitioner submits that the case of prosecution

appears quite un-natural and unbelievable. No overt acts
were attributed to the accused. The allegations are vague.

24. The petitioner submits that the police are frequently

calling the petitioner to the police station and made him sit in
the Police Station. The petitioner apprehends danger,
humiliation, insult and wrongful confinement at the hands of
the police.

25. The petitioner submits that the petitioner is enlarged on

bail, the question of tampering witnesses does not arise since
all the witnesses has been examined.
26. It is submitted that the petitioner is law abiding citizens
and he never committed any offence.

27. It is submitted that the petitioner is having sufficient

sureties and fixed abode at Kothur and Hyderabad to produce
before this Hon’ble Court to the satisfaction of the same.

28. It is submitted that the Petitioners are ready to furnish

surities as directed by this Hon’ble Court and abide by any
conditions imposed by this Hon’ble Court.

29. It is submitted that the Petitioners are permanent

resident of the above address and as such the question of
absconding does not arise and is ready to co-operate in
investigation.

It is therefore prayed that this Hon’ble Court may be

pleased to enlarge the Petitioners/A1 to A8 on bail in the

event of their arrest in connection with FIR No. 172/2023, on

the file of P.S. Kothur, Cyberabad, and pass such other order

or orders as this Hon’ble Court may deem fit and proper in the

circumstances of the case.

Hyderabad
DT: .08.2023 Counsel for the
Petitioners/A1 toA8
Note: Anticipatory Bail to the satisfaction of SHO, Kothur
Police Station, Cyberabad
 IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD

[Link]. OF 2023

RUNNING INDEX

[Link] Description of the Date of Date of Page

. Documents Paper Filing Nos.

1. Crl. Petition 07-08-2023 07-08-

2023
2. Copy of Order in 05-08-2023 -do-
CRLMP No.2025/2023
3. Copy of Order in WP 27-07-2023 -do-
NO.18327/2023
4. Copy of FIR No. 29-06-2023 -do-
172/2023 with
complaint
5. Copy of Crime 02-07-2023 -do-
No.174/2023

6. Copy of fake Medical

Certificate

7. Copy of Adhaar -do-

Cards

8. Vakalat 07-08-2023 -do-

Hyderabad
Dt. 07-08-2023 Counsel for the Petitioner
 Dt:- 29-06-
2023
To
The Inspector of Police,
Kothur PS.

Sir,

I am Ambati Srikanth, S/o. Amralingam, Age: 30 years, Caste:-

BC D(Mudiraj), OCc:- Private Job, R/o. SB Palli Village, Kothur
mandal, Ranga Reddy District says as follows.

on 29-06-2023 at about 8.30 hrs his cousins namely 1. Ambati

Kumar, S/o Mallaiah, 2. Ambati Kishtamma, W/o. Kumar, 3.
Ambati Vishnu, S/o Kumar, 4. Ambati Ishwar, S/o. Kumar,
[Link] Balaraj, S/o. Kumar, 6. Ambati Mahender, S/o.
Kumar, 7. Ambati Sunitha, W/o. Vishnu, 8) Ambati Nandu, S/o.
Kishtaiah were while constructing compound around his land,
he and his brother Amabti Srinivas aged 41 years went there
and questioned about constructing the compound around his
land, then the above said persons started quarrel with them,
meantime Ishwar beat Ambati Srinivas with Ax on the
backside of the neck, kumar beat him on the left ear with the
same ax resulting they sustained blood injuries. Vishnu used
Hoe and Kistamma used Scythe to struck them and the rest of
the people attacked with stones and kicked with legs, scolded
in filthy language and threatened to kill. Further he stated
that the incident was witnessed by Maldevu Siva Krishna, S/o.
Nasimhulu, Emme Srisailam, S/o. Samba Shivudu, and Emme
Danavath, S/o. Rangaiah. Hence requested to take necessary
action as per law.

Yours Sincerely,
Sd/-
Ambati Srikanth

Received on 29-06-2023 at 16.15hrs

As per the contents of the above petition I Shankar SHO

Kothur PS registered a crime in [Link].172/2023 U/s 324, 504,
506 r/w. 34 IPC and took up the case for Investigation.

Sd/-
 RANGA REDDY DISTRICT

HIGH COURT: Hyderabad

[Link]. OF 2023

ANTICIPATORY BAIL
PETITION

Filed by:

RAPOLU BHASKAR (16660),

Advocate
Counsel for the Petitioner

HIGH COURT
 CRIMINAL PETITION

[Link]. of 2023

RANGA REDDY DISTRICT

Ambati Kumar and others

..Petitioners

By
RAPOLU BHASKAR (16660),
Advocate
Counsel for the Petitioners

NATURE OF APPLICATION
[Under Section 438 of
Cr.P.C.]

Hon’ble Court may be pleased to

enlarge the Petitioners/A1 to A8 on
bail in the event of their arrest in
connection with FIR No. 172/2023,
on the file of P.S. Kothur, Cyberabad,
and pass such other order or orders
as this Hon’ble Court may deem fit
and proper in the circumstances of
the case

Presented on: 07-08-2023

Represented on:

Filed on: 07-08-2023