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RAVI CHEEMALAPATI
Guvvala Satya Tirupathi Rao – Appellant
Versus
State of A. P. – Respondent
JUDGMENT
1. Since the petitioners/Accused are one and the same and the above crimes were registered in relation to Konaseema agitation, they are being disposed of by this common order.
These Criminal Petitions are filed under Ss. 438 of Criminal Procedure Code ('Cr.P.C.' in short), seeking prearrest bail, by the petitioners/Accused in the following crimes:
Crime No.127 of 2022 dtd. 24/5/2022 of Amalapuram Taluq Police Station, Amalapuram, East Godavari District, registered for the offences punishable under Ss. 143, 144, 147, 148, 151, 452, 436, 307 r/w. 149 of IPC, Sec. 32 of Police Act, 1861 and Sec. 3 (2) (v), 3 (2) (va) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act Amendment Act, 2015 (01/2016).
Crime No.126 of 2022 dtd. 24/5/2022 of Amalapuram Taluq Police Station, Amalapuram, East Godavari District, registered for the offences punishable under Ss. 143, 144, 147, 148, 151, 152, 155, 452, 436, 353, 332, 427, 188, 307 r/w. 149 of IPC, Ss. 3 and 4 of Prevention of Damage to Public Property Act, 1984 and Sec. 3 (2) (v), 3 (2) (va) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act Amendment Act 2015 (01/2016).
2. The facts
In cases of unlawful assembly and rioting, the prosecution must establish that the accused had a common intention of committing an offence.
Pre-arrest bail can be granted where allegations are not supported by evidence on record.
The absence of specific overt acts against a petitioner amidst a large assembly precludes refusal of anticipatory bail under relevant IPC provisions.
Confessional statements made by an accused person to a police officer after the investigation has started are inadmissible as evidence.
Anticipatory Bail – While considering prayer for grant of anticipatory bail, balance has to be struck between two factors; no prejudice should be caused to free, fair and full investigation and there....
Confessional statements made by accused persons before a police officer after the investigation has started are inadmissible as evidence.
The court holds that in order to establish an unlawful assembly under Section 141 of the IPC, there must be a common intention among the members of the assembly to commit an offense. The court also h....
Point of Law : Impact of grant of anticipatory bail particularly in cases of large magnitude affecting a very large number of people.
Confessional statements made by an accused person to a police officer after the investigation has started are inadmissible as evidence.
In order to establish the offenses of unlawful assembly, rioting, and attempt to murder, the prosecution must prove that there was a common intention among the protestors to commit the offenses.
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