THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI
CRIMINAL PETITION Nos.5731, 5819 5822, 5826, 5830
AND 5835 OF 2022
COMMON ORDER:
These Criminal Petitions are filed under Sections 437 & 439
of Criminal Procedure Code (for short 'Cr.P.C.'), seeking regular
bail by the petitioners/Accused in the following crimes:
Crime No.127 of 2022 dated 24.05.2021 of Amalapuram
Taluq Police Station, Amalapuram, East Godavari District,
registered against the petitioners/A-144 and A-139 for the
offences punishable under Sections 143, 144, 147, 148, 188,
452, 151, 436, 307 r/w. 149 of IPC, Section 32 of A.P.Police Act,
1861 and Sections 3(2)(v) and 3(2)(va) of the Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Act
Amendment Act, 2015 (01/2016).
Crime No.141 of 2022 dated 24.05.2022 of Amalapuram
Town Police Station, Amalapuram, East Godavari District,
registered against the petitioners/A-206 to A-209 for the
offences punishable under Sections 307, 143, 144, 147, 148,
452, 436, 435, 188 r/w. 149 of IPC and Section 32 of Police Act,
1861.
Crime No.138 of 2022 dated 24.05.2022 of Amalapuram
Town Police Station, Amalapuram, East Godavari District,
registered against the petitioners/A-167 to A-170 and A-197 for
the offences punishable under Sections 307, 143, 144, 147, 148,
151, 152, 332, 336, 427, 188, 353 r/w. 149 of IPC, Sections 3
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and 4 of Prevention of Damage to Public Property Act, 1984 and
Section 32 of Police Act, 1861.
Crime No.139 of 2022 dated 24.05.2022 of Amalapuram
Town Police Station, Amalapuram, East Godavari District,
registered against the petitioners/A-206 to A-209 for the
offences punishable under Sections 307, 143, 144, 147, 148,
151, 152, 332, 336, 427, 188, 353, 324, 435 r/w. 149 of IPC,
Sections 3 and 4 of Prevention of Damage to Public Property Act,
1984 and Section 32 of Police Act, 1861.
Crime No.140 of 2022 dated 24.05.2022 of Amalapuram
Town Police Station, Amalapuram, East Godavari District,
registered against the petitioners/A-167 to A-170 for the
offences punishable under Sections 341, 143, 144, 147, 148,
151, 336, 435, 188 r/w 149 of IPC, Sections 3 and 4 of
Prevention of Damage to Public Property Act, 1984 and Section
32 of Police Act, 1861.
2. Since all the above crimes were registered in relation to
Konaseema agitation, they are being disposed of by this
common order.
3. The facts of the case, in brief, are that on 24.05.2022 on a
call given by JAC of Konaseema Sadhana Committee, huge
number of people gathered for submitting objections pursuant to
issuance of Gazette notification with regard to change of name of
Konaseema District, by violating the order under Section 144 of
Cr.P.C. and Section 30 of the Police Act. The mob started rally
at Kalasam Centre, Amalapuram Town and proceeded to Clock
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Tower Centre and in the meanwhile various groups of public
came from four corners to the clock tower centre and formed
into a huge mob.
Thereafter the mob moved to Collectorate and on the way
to Collectorate, when Police were discharging their duties, the
mob pelted stones on the Police and also burnt BVC college bus
which was used as transport vehicle for Police.
Further, when the Police tried to control the mob at
Collectorate, the mob pelted stones on Police personnel due to
which some of the Police sustained injuries, damaged the glasses
of Collectorate Office and Ambedkar Bhavan.
Thereafter, the mob proceeded to Red Bridge (Erra
Vanthenna), intercepted two RTC buses, damaged them and set
fire to the buses.
The mob further moved towards the house of Hon'ble
Minister. When the mob shouted and beat police persons, AR
constable fired rounds in air, but agitators attacked complainant
and his staff; attacked staff of the Hon'ble Minister, caused
damage to the furniture and set fire to the house of the Minister
and later proceeded to the house of local MLA. Basing on the
complaint lodged by the Home guard Crime No.138 of 2022 was
registered, basing on the complaint lodged by the Village
Revenue Officer of the 30th Ward, Amalapuram town crime No.
139 of 2022 was registered, basing on the complaint lodged by
Driver, APSRTC, Crime No.140 of 2022 was registered, basing on
the complaint lodged by the brother of Mummadivaram MLA
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Crime No.141 of 2022 was registered, basing on the complaint
lodged by the Sub-Inspector of Police Crime No.126 of 2022 was
registered and Basing on the complaint lodged by the watchman
of the house of the Minister, Crime No.127 of 2022 was
registered.
4. Heard Sri T.V.Jaggi Reddy, Sri Turaga Sai Surya, and Sri
Bokka Satyanarayana, learned Counsel for the petitioners and
Sri Soora Venkata Sainath, learned Special Assistant Public
Prosecutor for the respondent-State.
5. Learned counsel for the petitioners, in elaboration to what has been raised in the grounds, contended that initially the petitioners' names were not figured in the complaint. Basing on the confession statements of the other accused, their names were arrayed as accused in the above crimes. It is also contended that some of the accused in the present crimes and other crimes registered in connection with the same incident were granted regular as well as anticipatory bails. It is also contended that the petitioners were arrested on different dates from 28.05.2022 to 19.06.2022 and since then they are languishing in jail and requested to enlarge the petitioners on bail on any conditions that may be imposed.
6. On the other hand, the learned Special Assistant Public Prosecutor submitted that the involvement of the petitioners is evident from the photographs taken at the scene of offence and investigation is still pending. If at all this Court wants to consider 5 the present bail petitions, in such case, he draw the attention of the Court to the decision of the Hon'ble Supreme Court in Kodungallu Film Society v. Union of India1 wherein it is held as follows:
C. Liability of person causing violence
a) .......
b) .......
c) A person arrested for either committing or
initiating, promoting, instigating or in any way causing to occur any act of violence which results in loss of life or damage to property may be granted conditional bail upon depositing the quantified loss caused due to such violence or furnishing security for such quantified loss. ....."
Relying on the judgment cited supra, the learned Special Assistant Public Prosecutor, prayed this Court to impose some costs for the loss caused to the State.
7. A perusal of the complaints disclose that initially, the petitioners' names were not reflected, but as per the confession statements of the other accused, the petitioners' names are reflected in the above crimes.
The contention of the learned counsel for the petitioners that petitioners herein are falsely implicated in these crimes due to political differences whereas according to the prosecution, petitioners are active participants in the rally and they executed illegal acts as per conspiracy of their leaders. 1 (2018) 10 SCC 713 : 2018 SCC Online SC 1719 6 The learned Special Assistant Public Prosecutor specifically urged that petitioners' custody is important in these cases, since according to the prosecution, they are active participants in hatching up the plan through whatsapp group and other social media platform, which resulted in occurrence of large-scale violence and other related executing the illegal acts as conspired.
Further, admittedly the mob consists of more than 1000 people. None of the complaints indicate about common intention or common object of committing an offence punishable under Section 307 IPC. Specific overt acts were not attributed against the petitioners.
It is also evident from the record that the mob gathered for submitting their representations at Collectorate office, but not with an intention of committing any offence and admittedly the mob was not armed with weapons. Photographs filed by prosecution do not show that mob is armed with weapons.
Till today, there is no material to show that the petitioners have damaged any property. In view of the same, the decision relied on by the learned Special Assistant Public Prosecutor cannot be made applicable at this stage and his request to impose costs cannot be considered.
On perusal of the material on record, considering the submissions of both the parties and in view of the fact that the other accused were already granted regular/anticipatory bail by this Court whereas the petitioners are languishing in jail, this 7 Court feels it appropriate to consider granting bail to the petitioners on the following conditions:
(i) The petitioners shall be released on bail on their executing self bond for Rs. 50,000/- (Rupees fifty thousand only) each with two sureties each for a likesum each to the satisfaction of learned Principal Junior Civil Judge-cum-Judicial First Class Magistrate, Amalapuram for each crime;
(ii) The petitioners shall appear before the Station House Officer, Amalapuram Town Police Station and the petitioners in Crime No.127 of 2022 in Crl.P.No.5731 of 2022 shall appear before the Station House Officer, Amalapuram Taluq Police Station twice in a week i.e. on every Monday and Thursday between 9.00 a.m. and 12.00 noon, till filing of the charge sheet;
(iii) The petitioners shall not directly or indirectly contact the complainant or any other witnesses under any circumstances and any such attempt shall be construed as an attempt of influencing the witnesses and shall not tamper the evidence and shall co-operate with the investigation.
(iv) The petitioners shall furnish their mobile phone numbers and residential address as well as that of their sureties to the I.O./SHO concerned and they shall keep their mobile phones operational at all times during this period and in the event of 8 any change of the same, they shall immediately inform the same to the I.O./S.H.O. and, Further, the petitioners shall scrupulously comply with the above conditions and any infraction of the same will be viewed seriously and bail automatically gets cancelled without any further order of this Court.
Accordingly, the Criminal Petitions are allowed. Miscellaneous applications, pending if any, shall stand closed.
________________________ JUSTICE RAVI CHEEMALAPATI Dated : 10.08.2022 KA 9 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CRIMINAL PETITION NOs. 5731, 5819 5822, 5826, 5830 AND 5835 OF 2022 Date : 10.08.2022 KA