Nimmakayala Satish vs The State Of Andhra Pradesh
2022 Latest Caselaw 5163 AP

          THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI

                CRIMINAL PETITION No.5995 OF 2022

ORDER:

This Criminal Petition is filed under Sections 437 & 439 of Criminal

Procedure Code ('Cr.P.C.' in short), seeking regular bail, by the

petitioner/Accused No.137 in Crime No.127 of 2022 of Amalapuram

Taluq Police Station, East Godavari District, registered for the offences

punishable under Sections 143, 144, 147, 148, 151, 152, 452, 436 and

307 read with 149 of the Indian Penal Code 1908 ('IPC' in short), Section

32 of the Andhra Pradesh Police Act and Section 3(2)(v) and 3(2)(va) of

the Scheduled Castes and the Scheduled Tribes (PoA) Act, Amendment

Act, 2015 (01/2016).

2. 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 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 and the glasses of Collectorate Office and

Ambedkar Bhavan were damaged.

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 and

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 Watchman, Crime

No.127 of 2022 was registered.

4. Heard Sri V.S.R.S. Naidu, learned Counsel for the petitioner and Sri

Sravan Kumar Naidana, learned Special Assistant Public Prosecutor for the

respondent-State.

5. Though notice is required to be served on the victim as per the

Scheduled Castes and the Scheduled Tribes (PoA) Act, Amendment Act,

2015, since notice on the same victim was served, in several other

Criminal Petitions in this crime as well as in other crimes, arisen out of the

same incident, no prejudice would be caused to the victim, if no notice is

served in this Criminal Petition.

6. Learned counsel for the petitioner, in elaboration to what has been

raised in the grounds, contended that six crimes were registered in

connection with 'Konaseema' agitation occurred on 24.05.2022 at

Amalapuram. The said six Crimes are FIR Nos.138, 139, 140 and 141 of

2022 of Amalapuram Town Police Station and FIR Nos.126 and 127 of

2022 of Amalapuram Taluq Police Station.

It is stated that initially the petitioner's name was not figured in the

complaint. Basing on the confession statement of Accused No.128 in

Crime No.139 of 2022, his name was arrayed as accused and was

arrested on 03.06.2022 in one Crime and shown his arrest in this crime

and since then he is languishing in jail.

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. Hence, requested to consider

enlarging the petitioner on bail on any conditions that may be imposed.

7. On the other hand, the learned Special Assistant Public Prosecutor

submitted that the petitioner has already approached Sessions Court for

bail by filing Criminal M.P.No.1255 of 2022 and the learned Sessions

Judge has dismissed the said application on the ground that investigation

is pending. The said order of the learned Sessions Judge is placed on

record.

It is further submitted that involvement of the petitioner 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 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

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

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.

8. A perusal of the complaint discloses that initially the petitioner's

name was not reflected, but as per the confession statement of the A 128

in Crime No.139 of 2022, the petitioner's name is reflected in the above

crime.

The contention of the learned counsel for the petitioner that

petitioner herein is falsely implicated in the crime due to political

differences whereas according to the prosecution, petitioner is active

participant in the rally and he executed illegal acts as per conspiracy of

their leaders.

The learned Public Prosecutor specifically urged that petitioner's

custody is important in this case, since according to the prosecution, he is

active participant in hatching up the plan through whatsapp group and

other social media platform, which resulted in occurrence of large-scale

violence and execution of other related 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 petitioner.

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 petitioner has

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.

9. 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

petitioner is languishing in jail, this Court feels it appropriate to consider

granting bail to the petitioner on the following conditions:

(i) The petitioner shall be released on bail on his executing self bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties each for a like sum each to the satisfaction of the learned Principal Junior Civil Judge, Amalapuram;

(ii) The petitioner 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; and

(iii) The petitioner 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 petitioner 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.

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 the

regular bail in the above crime and shall not have any bearing in any

other proceedings.

Accordingly, the Criminal Petition is allowed.

Miscellaneous applications, pending if any, shall stand closed.

________________________ JUSTICE RAVI CHEEMALAPATI 16th August, 2022 GBS