In cases of unlawful assembly and rioting, the prosecution must establish that the accused had a common intention of committing an offence.

Headnote:
CRIMINAL LAW - PRE-ARREST BAIL - KONASEEMA AGITATION - UNLAWFUL ASSEMBLY - RIOTING - ATTEMPT TO MURDER - CONFESSIONAL STATEMENTS - CONDITIONS FOR GRANT OF BAIL - S. 141, 146, 147, 307 IPC - S. 3 (2) (V), 3 (2) (VA) OF THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT AMENDMENT ACT 2015 (01/2016).
Fact of the Case:

Petitioners sought pre-arrest bail in two criminal cases registered against them for their alleged involvement in the Konaseema agitation. The prosecution alleged that the petitioners were part of a mob that pelted stones at police personnel, damaged public property, and set fire to buses and the house of a minister.
Finding of the Court:

The court found that there was no evidence to suggest that the petitioners had a common intention of committing any offence and that their names were not mentioned in the initial complaints. The court also noted that the petitioners had obtained bail in other related cases.
Issues: 1. Whether the petitioners were entitled to pre-arrest bail in the present cases. 2. Whether the prosecution had established a prima facie case against the petitioners.
Ratio Decidendi: The court held that the petitioners were entitled to pre-arrest bail as there was no evidence to suggest that they had a common intention of committing any offence and that their names were not mentioned in the initial complaints. The court also noted that the petitioners had obtained bail in other related cases.
Final Decision: The court allowed the petitions and granted pre-arrest bail to the petitioners on certain conditions, including that they should not contact the complainant or any other witnesses, should not leave the limits of the police station without intimating the police, and should scrupulously comply with the conditions imposed by the court.

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 of the case, in brief, are that on 24/5/2022 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 Sec. 144 of Cr.P.C. and Sec. 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 complaint lodged by the watchman of the house of the Minister, Crime No.127 of 2022 was registered and basing on the complaint lodged by the Sub-Inspector of Police Crime No.126 of 2022 was registered.

Though notice is required to be served on the victim as per The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act Amendment Act 2015 (01/2016), since notices to the victim have been served in Crl.P.Nos.6604 and 6617 of 2022 as well as other crimes, no prejudice words be caused even if no notice is served on the victim.

3. Heard Sri Banka Nageswara Rao, learned counsel for the petitioners and learned Special Assistant Public Prosecutor for the respondent-State.

4. Learned counsel for the petitioners, in elaboration to what has been raised in the grounds, contended that the petitioner No.1 is accused in Crime No.139 of 2022 of Amalapura Town Police Station and he was arrested on 24/7/2022. Subsequently, he filed bail petition before this Court vide Crl.P.No.5061 of 2022 and this Court granted regular bail to the petitioner No.1 on 3/8/2022. It is also further contended that the petitioner No.2 was also shown as accused in other crimes and also got anticipatory bail before the Court below. Learned counsel for the petitioners further contended that the petitioners ar