IN THE HONOURABLE COURT OF THE METROPOLITAN SESSIONS

JUDGE- CUM- I ADJ AT VISAKHAPATNAM

Crl.M.P. /2023
IN
(FIR No.186/2023 of I Town Police Station, Visakhapatnam city)

Between:
Vasapilli@ Vasupalli Nani @ Donga Kollu @Banti
s/o Nooka Raju, Aged 23 years, caste- Vadabalija,
Resident of Chengalraopeta Bazar, Near New Agraharam Street,
Visakhapatnam, Native of Uppada village, Bheemunipatnam, previously
resided at D.No.23-8-41, pappula veedhi, town hall road, Visakhapatnam

……. petitioner /Accused no.1

And:
The Inspector of Police, I Town P.S
Rep by its special public prosecutor.

……...Respondent/Complainant

2nd BAIL APPLICATION FILED UNDER SECTION 439 OF Cr.P.C.ON

BEHALF OF THE PETITIONER /ACCUSED NO. 1

1. The petitioner/Accused respectfully submits that the prosecution

has registered false and foisted case against him u/s. 437, 438 , 285
R/W 34 OF IPC on 25-11-2023 and shown this petitioner as

Accused no.1 in the Remand Report. The petitioner was arrested on

the same day at 13.00p.m and was produced before the Hon’ble
Chief Metropolitan Magistrate, Visakhapatnam and the Hon’ble
 Judge remanded him for judicial custody for 15 days, and now he is
in central prison Visakhapatnam.

2. It is the case of the prosecution that on 19.11.2023 at around

2300hrs boat no.IND-MM-VS-815, which was anchored at ‘zero

’jetty, caught fire and gutted. The winds spread the fire to adjacent

boats as the mooring ropes of the boat got burnt and snapped.

Further the winds pushed one boat towards auction place and the

fire to the boats anchored there and caused complete damage to 45

boats and partial damage to 15 boats. Later the fire was

extinguished on 20.11.2023 by 6.00 am. During the course of

investigation police found that the accused along with A2 went to

Zero jetty with liquor, water , match box and cigarettes and stepped

into the boat bearing no. 887of Allipilli Venkatesh, cooked dry fish

and consumed liquor and threw a half smoked cigarette on a thin

fishing nylon net which was laid on boat no.815 of Munnem Hari

Seetharam, s/o Balaji, and at around 9.30pm they flew away from

the spot even after observing the fire and smoke without taking any

care and not informing anyone. Later the accused 1 and 2 were

questioned about the incident they confessed their guilt before the

mediators. Later the accused were arrested at 13.00 pm on

25.11.2023 .Hence the offence.

3. The petitioner/A1 respectfully submit that he is innocent and is not

connected with the above-mentioned crime. Police officials

deliberately filed this false case against the accused due to heavy
pressure from the media and the public. The petitioner becomes a
 scape goat in this entire episode. Basically, he is a daily wage fishing
worker by profession. The petitioner respectfully submits that he is

innocent and did not commit any offence .on the date of incident

he was actually in his sisters home. He even did not know anything

about the incident until the next day i.e 20.11.2023.

4. It is respectfully submitted that the offence is not punishable either

with death or imprisonment for life. Material part of the

investigation is already completed, the petitioner will not interfere

either directly or indirectly with the investigating agency. He is the

sole breadwinner to his family and he is no way connected to the

accidental fire.

5. The petitioner submits that earlier bail petition vide

Crl.M.P.No.3383/2023 was dismissed by this Hon’ble Court on

16.12.2023 on the ground that after considering material on record

and after taking gravity of the offence and the nature of offence said

to have been committed by the petitioner. Material part of the

investigation might have been completed, and further incarceration

would cause great hardship to him.

6. The petitioner respectfully submits that there is no similar bail

application pending in any court. The petitioner respectfully submits

that the allegations in the Remand Report as alleged by the

prosecution are wrong, concocted by the prosecution.

7. The petitioner prays this Hon’ble Court to grant bail on any

condition, he will produce sufficient sureties to the satisfaction of

 this court. The petitioner respectfully submits that he will abide by
whatever conditions imposed by this Hon’ble Court.

Therefore, the petitioner humbly prays this

Hon’ble Court that he may be ordered to be released on bail on

any condition in the facts and circumstances of the case stated

above and, in the interest of justice.

Visakhapatnam,

Date: 02.01.2024 Advocate for Petitioner/Accused no.1