Dulam Veerendra Kumar Veeru, vs The State Of Andhra Pradesh,
2022 Latest Caselaw 5141 AP

  THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI

  CRIMINAL PETITION Nos.6024, 5923,5905,5774,5744
    5797, 5929,6025,5829, 5827, 5775,6030 of 2022

COMMON ORDER:

      The Criminal Petition Nos.6024 of 2022, 5923 of 2022

5905 of 2022, 5774 of 2022 and 5744 of 2022 are filed under

Sections 437 & 439 of Criminal Procedure Code ('Cr.P.C.' in

short), seeking regular bail, by the petitioners/A-139, A-140 &

A-181;     petitioner/A-47;      petitioner/A-136;        petitioners/A-39,

A-162,     A-175,   A-178,     A-190,    A-287,     A-298     and   A-352;

petitioners/A-47, A-49, A-50, A-52, A-53, A-74, A-93, A-94,A-

95,A-97, A-98, A-99, A-111, A-130, A-148, A-154, A-156, A-319

& A-324; petitioners/A-73, A-87, A-92, A-93, A-94, A-96, A-97,

A-98, A-110, A-319 and A-324 respectively in Crime No.126 of

2022 of Amalapuram Taluq Police Station, East Godavari District,

registered for the offences punishable under Sections 143, 144,

147, 148, 151, 152 155, 452, 436, 353, 332, 427, 188, 307 read

with 149 of Indian Penal Code, Sections 3 and 4 of Prevention of

Damage to Public Property Act, 1984 and               Sections 3(2)(v),

3(2)(va)    of   S.Cs.    &   S.Ts.   (Prevention    of    Atrocities)   Act

Amendment Act,           2015, on the complaint given by the Sub

Inspector of Police, Amalapuram Taluq Police Station.

      The Criminal Petition Nos.5797 of 2022, 5929 of 2022,

6025 of 2022, 5829 of 2022, 5827 of 2022, 5775 of 2022 are

filed under Sections 437 & 439 of Criminal Procedure Code

('Cr.P.C.' in short), seeking regular bail, by the petitioners/A-47,

A-49, A-50, A-52, A-53, A-74, A-88, A-93, A-94, A-95, A-97, A-
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98, A-99, A-111, A-130, A-148, A-154, A-156, A-319 and A-

324;    petitioner/A-48;    petitioners/A-140,   A-141   &   A-182;

petitioner in Crl.P.No.5829 of 2022; petitioner/A-159 to A-162;

and petitioners/A-4, A-163, A-176, A-179, A-191 & A-298

respectively in Crime No.127 of 2022 of Amalapuram Town

Police Station, East Godavari District, registered for the offences

punishable under Sections 143, 144, 147, 148, 452, 151, 436,

307 read with 149 of Indian Penal Code, Section 32 of A.P.Police

Act and Section 3(2) (v), 3(2)(va) of S.Cs. & S.Ts. (Prevention

of Atrocities) Act Amendment Act, 2015, on the complaint given

by the watchman working at the house of the Hon'ble Transport

Minister, Sri P.Viswaroop.

       The Criminal Petition No.6030 of 2022 is filed under

Sections 437 & 439 of Criminal Procedure Code ('Cr.P.C.' in

short), seeking regular bail, by the petitioners/A88, A124, A133,

A169, A195 and A197 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 Indian Penal Code and

Section 32 of Police Act,     on the complaint given by Ponnada

Venkata Narayana Kumar, cousin of MLA, Mummidivaram.

       2. Since all the above crimes were registered in relation to

Konaseema agitation, all these petitions filed for grant of bail,

have been disposed of by this common order.

       3.   The facts of the case, in brief, is 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
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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.

      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   complaints   given   by   the   de   facto

complainants, the above crimes along with some other crimes

were registered.
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        4.   Heard respective 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

what has been raised in the grounds, contended that initially

names of most of the petitioners were not figured in the

complaint. Basing on the confession statements of the other

accused, their names were arrayed as accused in these 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 and some of them were produced on P.T.warrants from

other crimes and since then they are languishing in jail and

requested to consider enlarging 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 petitioners have already

approached Sessions Court and filed bail application wherein the

trial court dismissed their bail applications and the same were

placed on record. Further 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 complaint discloses that initially the

names of most of the petitioners were not reflected, but as per

the confession statements of the other accused, they were

shown as accused in these 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.

The learned Public Prosecutor specifically urged that

petitioners' custody is important in this case, since according to

the prosecution, they are active participants in hatching up the

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

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 the 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 like sum each to the satisfaction of the

learned Additional Judicial Magistrate of First Class, Amalapuram for each crime;

(ii) On release, the accused in Crime Nos.127 & 141 of 2022 shall appear before the Station House Officer, Amalapuram Town Police Station and the accused in Cr.No. 126 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.

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 Petitions are allowed.

Miscellaneous applications, pending if any, shall stand

closed.

________________________ JUSTICE RAVI CHEEMALAPATI 12th August, 2022 RR

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

CRIMINAL PETITION NOs. 6024, 5923,5905,5774,5744 5797, 5929,6025,5829, 5827, 5775,6030 of 2022

Date : 12.08.2022

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