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SUBBA REDDY SATTI
Mataparthi Chandra Sekhar – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
Subba Reddy Satti, J. - These Criminal Petitions are filed under Section 438 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to enlarge the petitioner on bail in the event of his arrest in connection with crime Nos. 126, 127 of 2022 of Amalapuram Tq Police Station, Crime Nos. 141, 139 and 140 of 2022 of Amalapuram Town Police Station, East Godavari District. The petitioner is arrayed as accused in the above crimes.
2. Crime No. 126 of 2022 is registered for the offences punishable under Sections 143, 144, 147, 148, 151, 155, 452, 436, 353, 332, 427, 188, 307 r/w 149 of the Indian Penal Code, Sections 3 & 4 of PDPPA, Section 3(2)(v), 3(2)(va) of SC & ST (POA) Amendment Act, 2015.
3. Crime No. 127 of 2022 is registered for the offences punishable under Sections 143, 144, 147, 148, 452, 151, 436, 307 read with 149 of IPC, Sections 3(2)(v), 3(2)(va) of SC & ST (POA) Amendment Act, 2015 and Section 32 of Police Act.
4. Crime No. 141 of 2022 is registered for the offences punishable under Sections 307, 143, 144, 147, 148, 452, 436, 435, 188 read with 149 IPC, and Section 32 of Police Act.
5. Crime No. 139 of 2022 is registered for the offences punishable under Sections
Confessional statements made by an accused person to a police officer after the investigation has started are inadmissible as evidence.
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 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.
Point of Law : Impact of grant of anticipatory bail particularly in cases of large magnitude affecting a very large number of people.
The absence of specific overt acts against a petitioner amidst a large assembly precludes refusal of anticipatory bail under relevant IPC provisions.
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....
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.
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