Andhra Pradesh High Court - Amravati

Cheekatal Uday Srinivas Kasu vs The State Of Andhra Pradesh, on 10 August, 2022

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
WEDNESDAY, THE TENTH DAY OF AUGUST, TWO THOUSAND AND TWENTY TWO
: PRESENT

   

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPAT!

Saiween
4 'Cheekatal Uday Srinivas @ Kasu, S/o. Yenkata Appargo (A-138)
2. Appanna Nagaraia Rang zababu ® Pavan, S/o. Satya Pacdmanabham (A-95}
"3 Guthuls Sal Nagendra, S/n, Krishna (498)

A Gundumogula Karuna Teja, §/a. Durga Prasad (A-162)}

"4. Kandregula Durga Prasad, S/o, Satyanarayana (4-109)

6 "Malladi Hari Siva Sankar, S/o. 'Veera Braham (4-164)

FMamidipalll Suresh, &/ . tate Rattaiah (A- 47)

"a.Rankireddy Durga Asa, S/o. Sai Babu (A-139)

 

wo Petitioners! Accused,
ANB

The State of Andhra Pradesh, Rep. by Public Prosecutor,
High C Court of Andhra Pradesh at Amaravatt.

. Respandent,

gos

Setition Hind under Sections 437 and 439 of Cr.P.C. praying that in the
circumstances stated in the Memorandum of Grounds of Criminal Petition, the
High Court may be pleased to release the petitioners /Accused Nos.98, 98, 109,
147, 139, 196, 182 and 164 an ball in connection with Crime No. 140 of 2022...

ile of Arnalapuram Town Police Station, East Godavari District.

3
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The petition coming an for hearing, upon perusing the memorandum of
grounds filed in suppart thereof and upon hearing the arguments "of
Sri K. Satyanandam, Advocate for the Petitianer and of Sri Soors Venk ata
Sainath, Spectal Assistant Public Prosecutor for respandent/State, the Court
made the folowing

ORDER :-
 

THE MOQN'BLE SRI JUSTICE RAVI CHEEMALAPATT
CRIMINAL PETITION No 5O15 OF 2028
ORDER:

This Criminal Petition is fled under Sections 437 & 459 of Criminal Procedure Corde CCr.P.C' in short}, seeking regular bal, By the ostitioners/Accused- Nos, 98, 96, 109, L1¥, 139, 156, 162, 164 in Crane No.i40 of 2022 of Amelaouram Town Police Station, East Godavari

District, registered for the offerices punishable under Sections 341, 143,

ies

isd, 187, 148, 151, 336, 435, 188 read with 149 of IPC, Sections 3 and 4 of Prevention of Damiegs to Public Praperty Act, 1984 and Sectinn 32 af

the Polos Act, 1861.

2. The facts of the case. In brief, are that on 24.05.2028 ab about

47.38 p. rh, ans cal given by JAC of Konaseermna Sadhana Camouttes, huge number of peaple gathered for submitting objections pursuant t& issuance of Garethe notification with regard to change of name of Konasecima District, by violating the order uncer Section 144 of CrP and Section 30 of the Police Act. The mob sterted rally at Kalesam Centre, Amalapuram Town and proceeded to Clock Tower Centre and in the mearwhiie various grougs of cubic came from four corners fo the clack tower ceritre and forrned into a huge mob.

Thereafter the mob moved te Coliecterats and on the way fo Collectorata, when Police were discharging thelr duties, the mob pelted stones om the Police and also burnt BYC college bus which was used as transport vehicie for Police.

Further, when the Police tried fo control the mob at Collectorate,

the mob pelted stones on Police personne! due to which same of the

"ot Te

Poles sustained injuries, damaged the glasses of Collectorate Office and Ambedkar Bhavan.

Thereafter, te mob proceeded to Rec Briige (Erra Vanthenna}, intercemted Ova RTC buses, damaged them and set fire to the buses.

The mob further moved towards the house of Hon'ble Minister. When the rab shouted and Seat sollcee persans, AR constable fired rounds i air, bub agitators attacked police persorme)? alfacked staff of the Nanble Minister, caused damage to the furniture and set fire to the house oY the Minister and later proceeded to the house of local MLA. Basing on the complaint of the RTC Driver, Amalanuram, Crime No.0 of 2032 was

3 Neard Sri kK. Setvananadam, isarned counsel far the petitioners and Sri Score Venkata Sainath, learned Special Assistant Public Prosecutor for

the respoandent-State,

a, Learned Counsel for the petitioners submitted that initially petitioners' names were not figured in the cornolaint. Sasing an the

covession statement of A-Q5, their names were reflected arid if is alsc

contended that some of the accused in the crimes registered in

commection with the same Incident, were granted ball and sought to consider the present petition aisn in similar Imes. [fis also contended that the petRioners are lanquishing in jall since 25.06.2022 and requested to

consitier enlarging the petitioners or ball or: any condNiors that may be

IMNOSSG,

5, Om the other hand, the learned Soecial Assistant Public Prosecutor submitted that the invalvement of the petitioners is evident fram fhe

photographs teken at the scene of offence ane! investigation is sili

tad

pending. if at all this Court warts to consider the present bal petition, in such case, he draw the attention of the Court to the decision af the

Hon'ble Supreme Court in Kedungallu Film Society v. Union of India'

wherein it is held as iallow

. Liability of persan causing violence

Ch A person arrested for either coruriiting ar intialing, oromoting, imstigaiing or in ary way causing fo cecur any act of violence which results in loss of [fe or damage to mroperty rngy be granted conditional bell upon depositing

the quantifier! loss caused cue to such violence or furnishing

security for such quantified loss...

Refying on the judgment cited supra, the learned Special Assistant Publle Prosecutor, prayed this Court fo impose same costs for the loss

caused to the State.

&. A perusal of the complaint disciuses that infflially the petitioners names were not reflected, but on the confession statement of A-Q6, the

oners' names were refiectead in the above crime.

netit

With regard to the contention of the learned Special Assistant Public Prosecutor, relying on the judgment cited supra, Hi today, there is no material fo show that the oetitiomers have damaged any property. In yisay of the sarne, the decision refed' an by the isarned Special Assistant Public Prosecutor cannot be mace agoflicatte at iis stage and his request

to Impase costs cannat be considered,

Taking the facts and circumsiances of the case Into consideration

and considering the submissions of the learned Course! for the petitioners

"(20183 10 ETC FPS: AS SCH Cashes SC TPES

that In simflar matters this Court has granted ball, this Court fsefs it appropriate to consider granting ball to the petitioners Rerain on the Following conditions:

() The petitioners shall be released on ball on axecuti Ing self bork For Rs.50,000/4 {Rupees fifty thousand anid seach with fwo sureties each for a ke sum each fo the satisfaction af the learned Principal Junior Ch Juclge Cum Judicial First Class

Magistrate, Amalapuran:

() The petitioners shell appear before the Amalapuram Town Police Station, twice in a week Le. on every Manday anc Thursday bebveen @.O0 a.m. ane 12.00 noon, of Ring of the

charge sheet: and

Gu) The petitioners shall nat directly ar indirectly contact the complainant ar any other witnesses under any circumstances and any such attempt shall be construed as an attempt of influencing the witnesses and shall net tamrer the evidence and

shall co-operate with the Investigation,

Further, the petitioners shall scrugulously comply with the above conditions and breach of any of the above conditions wii be viewed Seriously and ball automat ically gets Cancelled without any further order of this Court,

Accordingly, the Criminal Petition is alowed, Miscedianecus applications, pending if any, shall stand closed.

& aH

Sdi. A. VIIAY BABU ASSISTANT REGISTRAR

SECTION OFFICER

The Ht Additional District and Sessions Judge, Amalapuram,

.fhe Principal Junior Civil Judge-curm-Jucicial First Class Magistrate,

" Armalapuram.

_&The Station House Officer, Amalapuram Town Folice Station,

Ambedkar Konassema District.

3. The Superintendent, Central Prison, Raiamahendravaram,

-fast Godavari] (Nsirict.

4. Twetcs to the Public Prosecutor, High Court of A.P., 3f AmaravalifOUuTt) §.One CC to Sri K. Satyanandam, Advocate(QPUc)