Chikkala Satyanarayana ... vs The State Of Andhra Pradesh,
2022 Latest Caselaw 5131 AP

     THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI

           CRIMINAL PETITION NO. 6041 of 2022

ORDER:-

      This Criminal Petition is filed under Section 438 of the

Code of Criminal Procedure, 1973 (for short "Cr.P.C.") to enlarge

the petitioners on bail in the event of their arrest in connection

with crime No.140 of 2022 of Amalapuram Town Police Station,

Amalapuram, East Godavari District, registered for the offences

punishable under Sections 341, 143, 144, 147, 148, 151, 336,

435 and 188 read with 149 of IPC, Sections 3 and 4 of

Prevention of Damage to Public Property Act, 1984 and 32 of

Police Act, 1861.


2.    The above crime was registered basing on the report

lodged by Naga Venkataratna Giribabu Sidhala, Driver, with

regard to the incident that took place on 24.05.2022 pursuant to

the notification issued by the Government by changing the name

of Konaseema District as Dr.B.R.Ambedkar Konaseema District.


3.    The case of the prosecution, in brief, is that on 24.05.2022

at about 4:00 P.M., on a call given by JAC of Konaseema

Sadhana Committee, huge number of people gathered together

for submitting objections pursuant to issuance of Gazette

notification with regard to change of name of Konaseema District

by violating the proceedings issued 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
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came from four corners to the clock tower centre and formed

into a huge mob.


4.    Thereafter the mob moved to Collectorate and on the way

to Collectorate when the Police were discharging their duties, the

mob pelted stones on the Police and burnt BVC collage bus which

was used as transport vehicle for the Police.


5.    Further   when    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.


6.    Thereafter, the mob proceeded to Red Bridge (Erra

Vanthena), intercepted two RTC buses, damaged them and set

fire to the buses.


7.    The mob further moved towards the house of MLA and

pelted stoned on the house due to which glasses were damage.

When cousin of MLA tried to pacify the matter and while he was

taking video of the situation, the mob poured petrol on him, but

he managed to escape. Then the mob entered into the house of

MLA, set fire to the motorcycles and entire furniture in the house

including house.


8.    Heard Sri      T.V.Jaggi Reddy, learned counsel         for   the

petitioners and learned Special Assistant Public Prosecutor for

the respondent-state.

9. The learned counsel for the petitioners submits that the

petitioners were shown as accused along with others in the

above said crime but they did not participate in the alleged mob

and they did not commit any offence as alleged in the crime. The

petitioners are falsely implicated in the said crimes without any

basis with an intention to harass them and out of political

antagonism. He further submits that some of the alleged

accused were already arrested and remanded to judicial custody.

The learned counsel for the petitioners contended that some of

the accused were released on anticipatory/regular bail. Hence,

the petitioners are entitled for pre-arrest bail with reasonable

conditions.

10. Learned Additional Public Prosecutor submits that the

petitioners are identified as one of the participants as per data

collected from print, electronic media and footage of CC TV

Cameras and videos and their name are mentioned along with

many others by the de facto complainants in their report. In the

mob the petitioners are also one of the members, who damaged

the public property i.e., glasses of the Ambedkar Bhavan and

pelted stones against the police personnel and also a private bus

was set to fire, which was meant for police bandobasth and they

also involved in other sequences of offences took place in

furtherance of the present incident. The investigating officer

identified 193 persons including the petitioners herein. The

investigating officer has to secure call data of all other accused

persons to identify the other persons, who participated in the

said offence and trying to collect the whatsapp data of the

mobile numbers of the accused persons and to secure the

presence of the absconding accused persons. The investigation is

going on. He further submits that in view of the same, the

petitioners cannot be granted anticipatory bail since the offences

are grave in nature and there is possibility of influence of other

witnesses. As such the present criminal petition is liable to be

dismissed.

11. The learned Assistant Public Prosecutor further contended

that 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 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.

12. This Court has given due consideration to the submission

made on either side and perused the record.

13. The Hon‟ble Apex Court in Siddharam Satlingappa

Mhetre Vs. State of Maharashtra and Ors2 laid the

following principles which are to be considered while

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

AIR 2011 SC 312 = MANU/SC/1021/2010

granting bail.

i. The nature and gravity of the accusation and the exact role of the accused must be properly comprehended before arrest is made;

ii. The antecedents of the applicant including the fact as to whether the accused has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence;

iii. The possibility of the applicant to flee from justice;

iv. The possibility of the accused's likelihood to repeat similar or the other offences.

v. Where the accusations have been made only with the object of injuring or humiliating the applicant by arresting him or her.

vi. Impact of grant of anticipatory bail particularly in cases of large magnitude affecting a very large number of people.

vii. The courts must evaluate the entire available material against the accused very carefully. The court must also clearly comprehend the exact role of the accused in the case. The cases in which accused is implicated with the help of Sections 34 and 149 of the Indian Penal Code, the court should consider with even greater care and caution because over implication in the cases is a matter of common knowledge and concern;

viii. While considering the prayer for grant of anticipatory bail, a balance has to be struck between two factors namely, no prejudice should be caused to the free, fair and full investigation and there should be prevention of harassment, humiliation and unjustified detention of the accused;

ix. The court to consider reasonable apprehension of tampering of the witness or apprehension of threat to the complainant;

x. Frivolity in prosecution should always be considered and it is only the element of genuineness that shall have to be considered in the matter of grant of bail and in the event of

there being some doubt as to the genuineness of the prosecution, in the normal course of events, the accused is entitled to an order of bail."

14. The record reveals that pursuant to notification issued by

the Government about change of name of Konaseema District as

Dr.B.R. Ambedkar Konaseema District a call was given by JAC

Konaseema District Sadhana Samithi for submission of

representations. In pursuance of the same thousands of people

gathered at Clock Tower Centre and proceeded to Collectorate

Office. When Police tried to prevent them from entering the

premises said mob pelted stones on the Police and caused

injuries to them. Further the mob also damaged Collectorate

Office as well as Ambedkar Building and also lit fire to buses.

15. As can be seen from the entire record prosecution

identified accused basing on CC TV footage, social media videos

and photos. Further except mentioning the names of accused in

FIR, no specific overt acts were attributed against each of the

petitioners.

16. As pointed out by learned counsel for the petitioners to

attract Sections 146 and 147 of IPC, there should unlawful

assembly. For better appreciation it is appropriate to extract

Sections 141, 146 and 147 of IPC.

141. Unlawful assembly.--An assembly of five or more persons is designated an "unlawful assembly", if the common object of the persons composing that assembly is--

(First) -- To overawe by criminal force, or show of criminal force, 1[the Central or any State Government or Parliament or

the Legislature of any State], or any public servant in the exercise of the lawful power of such public servant; or

(Second) -- To resist the execution of any law, or of any legal process; or

(Third) -- To commit any mischief or criminal trespass, or other offence; or

(Fourth) -- By means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or

(Fifth) -- By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.

Explanation.--An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly.

146. Rioting.--Whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting.

147. Punishment for rioting.--Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

17. Thus, there must be unlawful assembly as defined under

Section 141 of IPC for attracting offences under Sections 146

and 147 of IPC. In the present case nothing is forthcoming from

the record to show that all the people in the mob had a common

intention of committing an offence.

18. 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.

19. Considering the facts of this case, the submissions made

by the learned counsel for the petitioners that there are no

specific overt acts or specific commission of any act/omission by

the petitioners either as per the de facto complainants in their

reports or in the statements made by the accused, except

mention of names along with others and there is some force in

the said submissions and since no specific overt act was

attributed against each of the petitioners and on same footing

this Court granted pre-arrest bail in Crl.P.No.3923 of 2022 vide

its order, dated 17.06.2022, this Court deems it appropriate to

grant pre-arrest bail to the petitioners with certain conditions.

20. Accordingly, this criminal petition is allowed. The

petitioners/accused in Crime No.140 of 2022 of Amalapuram

Town Police Station, Amalapuram, East Godavari District shall be

released on bail in the event of their arrest in connection with

said crime on condition of 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 of

Amalapuram Town Police Station, East Godavari District. The

petitioners shall appear before the Station House Officer of

Amalapuram Town Police Station, East Godavari District once in

a week i.e. on every Saturday between 9:00 am and 6:00 pm till

filing of charge sheet. They shall cooperate with the

investigation.

Petitioners shall cooperate with the police in investigation

of the above crimes.

Petitioners shall neither influence the witnesses nor tamper

the evidence.

It is made clear that this order does not, in any manner,

limit or restrict the rights of the Police or the investigating

agency from further investigation as per law and the findings in

this order be construed as expression of opinion only for the

limited purpose of considering bail in the above crime and shall

not have any bearing in any other proceedings.

Consequently, miscellaneous applications pending, if any,

shall stand closed.

_______________________ JUSTICE RAVI CHEEMALAPATI Date : 12.08.2022

Rmn

THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI

CRIMINAL PETITION NO. 6041 of 2022

Date : 12.08.2022

Rmn