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RAVI CHEEMALAPATI
Arigela Venkata Ramarao – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
Ravi Cheemalapati, J. - These Criminal Petitions are filed under Sections 438 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), by the petitioner/accused seeking pre-arrest bail in the following crimes.
2. Crime No. 138 of 2022 of Amalapuram Town Police Station is registered for the offences punishable under Sections 307, 143, 144, 147, 148, 151, 152, 332, 336, 427, 188, 353, read with 149 of the Indian Penal Code, Sections 3 and 4 of the Prevention of Damage to the Public Property Act and Section 32 of the Police Act and the petitioner herein was arrayed as A-45.
3. Crime No. 140 of 2022 of Amalapuram Town Police Station, East Godavari District is registered for the offences punishable under Sections 341, 143, 144, 147, 148, 151, 336, 435, 188 read with 149 of the Indian Penal Code, Sections 3 and 4 of the Prevention of Damage to the Public Property Act and Section 32 of the Police Act and the petitioner herein was arrayed A-45.
4. Since the petitioner in these criminal petitions is one and the same and the above crimes were registered in relation to Konaseema agitation, they are being disposed of by this common order.
5. The above crimes were registered basing on
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....
Confessional statements made by an accused person to a police officer after the investigation has started are inadmissible as evidence.
The absence of specific overt acts against a petitioner amidst a large assembly precludes refusal of anticipatory bail under relevant IPC provisions.
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.
Confessional statements made by accused persons before 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....
In cases of unlawful assembly and rioting, the prosecution must establish that the accused had a common intention of committing an offence.
Confessional statements made by an accused person to a police officer after the investigation has started are inadmissible as evidence.
Pre-arrest bail can be granted where allegations are not supported by evidence on record.
Point of Law : Impact of grant of anticipatory bail particularly in cases of large magnitude affecting a very large number of people.
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