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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
LALITHA KANNEGANTI, J.
Suvvada Ravi Sekhar - Appellant
Versus
The State of Andhra Pradesh and Ors. - Respondents
Criminal Petition No. 334 of 2021
Decided On : 10-02-2021
Constitution of India,1950 - Articles 21, 20(3) and Clause (2) of Article 22 - Criminal Procedure Code, 1973 - Sections 41, 46, 439, 41, 267, 42, 43 and 44 - Prevention of Damage to Public Property Act, 1984 - Section 3 - Indian Penal Code, 1860 - Sections 307, 326, 427, 503, 506, 323, 120B r/w 34 - Police Act - Section 30 - Accused have damaged the public property – Attempt to murder – Criminal Intimidation – Voluntarily causing grievous hurt by dangerous weapons - Report was lodged Member of Parliament stating that as he was informed about demolition of idols at Ramatheertham temple, he has decided to visit the temple in order to express deepest concern against malicious incident that had taken place - He informed the local authorities regarding his visit to the temple and all of them gathered peacefully down the hill. During the course of his visit, the people who are politically motivated ganged up and attacked him with stones, sharp objects and water bottles with an intent to kill him - Activists of YSRCP and others present around protected him along with police force - In the incident, his bodyguard also sustained injuries from the assault launched and his henchmen as per directions - Activities have taken place under the directions temple and also with a criminal intention to kill him - incidents created horrific situations at the scene and also damaged bullet proof vehicle and other Government vehicles –
Finding of the court : Complainant proposed to visit the temple and announced the tour programme to his party leaders District MLAs, MLC and other concerned officials A-3 to A-12 and some others of their party workers gathered, A-3 has conducted a meeting by left side of steps at the foot of hill (Bodikonda) with his party workers by violating Sec. 30 of Police Act without out prior permission and boost up the party workers to participate in agitation. At about 12 noon the complainant along with LWs 2 to 12 went to the foot of hill on their respective vehicles and went to the hill top - After completion of their programme on the hill top all are returned from there and got down the hill at about hours - Attacked the complainant with a common object to eliminate the complainant and pelted stones, water bottles and footwear - Attack A-7, A-8 with an intention to cause injury thrown water bottles on complainant - Alleged acts there are specific overt acts against A-7, A-8, A-10 and A-12, but as far as petitioner is concerned nothing is attributed to him. Only omnibus allegation is made in remand report that A-4 to A-12 conspired with each other and along with some other party workers attacked the complainant - Court taking into consideration the contents of remand report and complaint, prima facie is of the view that there are no specific overt acts against the petitioner and nothing has been placed on record to connect accused to the alleged offences –
Result : Criminal Petition is allowed
ORDER :
Lalitha Kanneganti, J.
1. This criminal petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking regular bail to the petitioner/A-4 in connection with Crime No. 1 of 2021 of Nellimarla Police Station, Vizianagaram District, wherein the petitioner is alleged to have committed the offences punishable under Sections 307, 326, 427, 503, 506, 323, 120B r/w 34 of Indian Penal Code, 1860 (for short "IPC") and Section 3 of the Prevention of Damage to Public Property Act, 1984 (for short "PDPP Act").
2. A report was lodged on 02.01.2021 by V. Vijay Sai Reddy, Member of Parliament stating that as he was informed about demolition of idols at Ramatheertham temple, he has decided to visit the temple in order to express deepest concern against the malicious incident that had taken place. He informed the local authorities regarding his visit to the temple and all of them gathered peacefully down the hill. During the course of his visit, the people who are politically motivated ganged up and attacked him with stones, sharp objects and water bottles with an intent to kill him. The activists of YSRCP and others present around protected him along with police force. In the incident, his bodyguard also sustained injuries from the assault launched by Kala Venkata Rao and his henchmen as per the directions of N. Chandrababu Naidu and K. Atchennaidu.
3. It is specifically stated that these activities have taken place under the directions of N. Chandrababu Naidu and K. Atchennaidu and under the supervision of Kala Venkatarao, who is physically present, who instigated the mob to create law and order issues at Ramatheertham temple and also with a criminal intention to kill him. These incidents created horrific situations at the scene and also damaged the bullet proof vehicle and other Government vehicles. The stones thrown by Kala Venkatarao and his followers damaged the glass of bullet proof vehicle, which amounts to destruction of public property. It is stated that the accused should be punished under the provisions of PDPP Act and Sections 307, 326, 427, 503, 506, 323, 120B r/w 34 of IPC. Basing on the said report, the police have registered the present crime.
4. Heard Sri. N. Ashwani Kumar, learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the respondent-State.
5. Learned counsel for the petitioner submits that as the petitioner belongs to rival political party with an apprehension that he may be arrested, he along with others filed Crl.P. No. 128 of 2021 before this Court seeking pre-arrest bail. However, the same was closed by order dated 11.01.2021, recording the submission made by the learned Additional Public Prosecutor that apprehension of the petitioners is baseless, as their names were not included in the crime. Thus, the question of custody does not arise. He submits that to the surprise of the petitioner, the respondent-police visited his house on 20.01.2021 at 5.00 p.m., dragged him out of his house in most inhuman manner, pushed him into the police vehicle, which was overloaded and crowded by then. He was taken away by pushing aside his family members. He submits that while steps were being taken to file a habeas corpus petition, the police produced him before the Magistrate on 21.01.2021.
6. Learned counsel for the petitioner submits that at the time of remand, due to ill-health when the petitioner fell down in front of the Magistrate, the police were directed to take A-4 to the Government Hospital and after getting certification that he is physically fit, he was directed to be produced for remand. The other accused were remanded on the same day. He submits that again on 30.01.2021 the police after obtaining medical certificate have produced the petitioner before the Magistrate, on that day the Magistrate was not satisfied with the health condition of the petitioner, as such directed the police to take the petitioner for treatment
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