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RAVI CHEEMALAPATI
Dangeti Eswara Rao – Appellant
Versus
State – Respondent
JUDGMENT
Ravi Cheemalapati, J. - This Criminal Petition is filed under Sections 438 of Criminal Procedure Code ('Cr.P.C.' in short), seeking pre-arrest bail, by the petitioners/Accused in the Crime No. 139 of 2022 dated 24.05.2022 of Amalapuram Town Police Station, Amalapuram, East Godavari District, registered against the petitioners/Accused Nos. 232 & 249 for the offences punishable under Sections 307, 143, 144, 147, 148, 151, 152, 332, 336, 427, 188, 353, 324, 435 r/w. 149 of IPC, Sections 3 and 4 of Prevention of Damage to Public Property Act, 1984 and Section 32 of Police Act, 1861.
2. The facts of the case, in brief, are that on 24.05.2022 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 Section 144 of Cr.P.C. and Section 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 Collector
The absence of specific overt acts against a petitioner amidst a large assembly precludes refusal of anticipatory bail under relevant IPC provisions.
In cases of unlawful assembly and rioting, the prosecution must establish that the accused had a common intention of committing an offence.
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 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.
Pre-arrest bail can be granted where allegations are not supported by evidence on record.
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.
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.
An accused person may be granted bail even if their name was not initially mentioned in the complaint, especially if similar bail applications have been allowed in related cases.
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