THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI
CRIMINAL PETITION No.5832 OF 2022
ORDER:
This Criminal Petition is filed under Sections 438 of Criminal Procedure Code ('Cr.P.C.' in short), seeking pre-arrest bail, to the petitioners/Accused in Crime No.141 of 2022 of Amalapuram Town Police Station, East Godavari District, registered for the offences punishable under Sections 307, 143, 144, 147, 148, 452, 436, 435, 188 read with 149 of IPC and Section 32 of the Police Act, 1861.
2. The facts of the case, in brief, are that on 24.05.2022 at about 18.30 p.m., 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 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.
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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 police personnel; 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 given by the cousin brother of Sri Ponnada Venkata Satish, Hon'ble MLA of Mummidivaram, Crime No.141 of 2022 was registered.
3. Heard Sri P. Anitha, learned counsel for the petitioners and Sri Soora Venkata Sainath, learned Special Assistant Public Prosecutor for the respondent-State.
4. Learned Counsel for the petitioners submitted that initially petitioners No.1 to 5 were not figured as accused in the complaint. Basing on the confession statement of co-accused, their names were reflected and it is also contended that some of the accused in the crimes registered in connection with the same incident, were granted pre-arrest bail/Regular bail and sought to consider the present petition also in similar lines and requested to consider pre-arrest bail on any conditions that may be imposed.
5. 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 the present bail petition, in such case, he draw the attention of the Court to the decision of the 3 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.
6. A perusal of the complaint discloses that initially the names of the petitioners No. 1 to 5 were not reflected, but on the confession statement of the co-accused, the petitioners' names were reflected in the above crime.
With regard to the contention of the learned Special Assistant Public Prosecutor, relying on the judgment cited supra, 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.
Taking the facts and circumstances of the case into consideration and considering the submissions of the learned Counsel for the petitioners that in similar matters this Court has granted bail, this Court feels it 1 (2018) 10 SCC 713 : 2018 SCC Online SC 1719 4 appropriate to consider granting pre-arrest bail to the petitioners herein on the following conditions:
(i) The petitioners shall be released on bail in the event of their arrest on their executing self bond for Rs.50,000/- (Rupees fifty thousand only) each with two sureties each for a like sum each to the satisfaction of the Station House Officer, Amalapuram Town Police Station, Amalapuram East Godavari District.
(ii) The petitioners shall appear before the Amalapuram Town Police Station, every alternative day ie., on Monday, Thursday and Saturday between 10.00 a.m. and 12.00 noon, till filing of the charge sheet; and
(iii) The petitioners shall cooperate with the investigation.
(iv)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.
Further, the petitioners shall scrupulously comply with the above conditions and breach of any of the above conditions will be viewed seriously and bail automatically gets cancelled without any further order of this Court.
Accordingly, the Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed.
________________________ JUSTICE RAVI CHEEMALAPATI 10th August, 2022 PA.
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HON'BLE SRI JUSTICE RAVI CHEEMALAPATI 93 CRIMINAL PETITION NO. 5832 of 2022 DATED: 10.08.2022 PA.
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HIGH COURT OF ANDHRA PRADESH :: AMARAVATI MAIN CASE No:Crl.P.No.5832 of 2022 PROCEEDING SHEET SL.
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01. 10.08.2022 RC, J
Criminal Petition is Allowed. (VSO)
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