Akula Satish vs The State Of Andhra Pradesh
2022 Latest Caselaw 5078 AP

        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

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.

(2018) 10 SCC 713 : 2018 SCC Online SC 1719

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

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

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

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

CRIMINAL PETITION NOs. 5731, 5819 5822, 5826, 5830 AND 5835 OF 2022

Date : 10.08.2022

KA