In cases of large-scale violence, bail may be granted to accused persons who are not shown to have committed specific acts of violence or damage to property, especially if other accused have been granted bail and the accused have been in jail for a significant period of time.

JUDGMENT

Subba Reddy Satti, J. - This Criminal Petition is filed under Sections 437 & 439 of Criminal Procedure Code ('Cr.P.C.' in short), seeking regular bail, by the petitioners/Accused in Crime No. 138 of 2022 of Amalapuram Town Police Station, East Godavari District, registered for the offences punishable under Sections 307, 143, 144, 147, 148, 151, 152, 332, 336, 427, 188 and 353 read with 149 of IPC, Sections 3 and 4 of the Prevention of Damage to Public Property Act, 1984 and Section 32 of the Police Act, 1861.

2. The facts of the case, in brief, are that on 24.05.2022 at about 4.00 p.m., 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 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 Home Guard Crime No. 138 of 2022 was registered.

3. Heard Sri T.V. Jaggi Reddy, learned counsel for the petitioners and Sri Soora Venkata Sainath, 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 initially the petitioners' names were not figured in the complaint. Basing on the confession statements of one of the arrested accused, their names were arrayed as accused in the above crime. Subsequently, they were also arrayed as accused in the other crimes registered in connection with the same incident and their arrest was shown on PT warrant.

It is also contended that some of the accused in the present crimes and other crimes registered in connection with the same incident were granted regular as well as anticipatory bails and sought to consider the present petition also on similar lines, on any conditions that may be imposed.

5. On the other hand, the learned Special Assistant Public Prosecutor submitted that involvement of the petitioners is evident from the photographs taken at the scene of offence and investigation is still pending. If at all this Court wants to consider the present bail petition, in such case, he draw the attention of the Court to the decision of the Hon'ble Supreme Court in Kodungallu Film Society v. Union of India (2018) 10 SCC 713 wherein it is held as follows:

C. Liability of person causing violence

a) .......

b) .......

c) A person arrested for either committing or initiating, promoting, instigating or in any way causing to occur any act of violence which results in loss of life or damage to property may be granted conditional bail upon depositing the quantified loss caused due to such violence or furnishing security for such quantified loss. .....'

Relying on the judgment cited supra, the learned Special Assistant Public Prosecutor, prayed