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ANDHRA PRADESH HIGH COURT AT AMARAVATI
Subba Reddy Satti, J.
Kurasala Suresh Naidu & Ors. – Appellants
Versus
State of Andhra Pradesh – Respondent
Criminal Petition Nos. 5735, 5745, 5733 and 5734 of 2022
Decided On : 05-08-2022
BAIL - PREVENTION OF DAMAGE TO PUBLIC PROPERTY ACT, 1984 - SECTION 3 AND 4 - IMPOSITION OF COSTS FOR DAMAGING PUBLIC PROPERTY - CONDITIONS FOR GRANTING BAIL - COURT HELD THAT TILL TODAY, THERE IS NO MATERIAL TO SHOW THAT THE PETITIONERS HAVE DAMAGED ANY PROPERTY. IN VIEW OF THE SAME, THE DECISION RELIED ON BY THE LEARNED SPECIAL ASSISTANT PUBLIC PROSECUTOR CANNOT BE MADE APPLICABLE AT THIS STAGE AND HIS REQUEST TO IMPOSE COSTS CANNOT BE CONSIDERED.
Fact of the Case:
Petitioners were arrested in connection with a series of crimes, including rioting, arson, and damage to public property, that occurred during a protest against the proposed change of name of Konaseema District. The petitioners' names were not initially included in the FIRs, but they were later arrested based on the confession statements of other accused.
Finding of the Court:
The court found that there was no material to show that the petitioners had damaged any property. The court also noted that the petitioners had not been named in the FIRs initially and that they were arrested based on the confession statements of other accused.
Issues: Whether the petitioners should be granted bail.
Ratio Decidendi: The court held that the petitioners should be granted bail on the following conditions: (i) The petitioners shall be released on bail on their executing self bond for Rs. 50,000/- (Rupees fifty thousand only) each with two sureties each for a like sum each to the satisfaction of the Additional Judicial Magistrate of First Class, Amalapuram, East Godavari District, in each crime; (ii) On release, the petitioners shall appear before the Station House Officer, Amalapuram Town Police Station, East Godavari District, twice in a week i.e. on every Monday and Thursday between 9.00 a.m. and 12.00 noon, till filing of the charge sheet; and (iii) The petitioners shall not directly or indirectly contact the complainant or any other witnesses under any circumstances and any such attempt shall be construed as an attempt of influencing the witnesses and shall not tamper the evidence and shall co-operate with the investigation.
Final Decision: The court allowed the petitions and granted bail to the petitioners on the aforementioned conditions.
JUDGMENT
Subba Reddy Satti, J. - These Criminal Petitions are filed under Sections 437 & 439 of Criminal Procedure Code ('Cr.P.C.' in short), seeking regular bail, by the petitioners/Accused in the following crimes, registered in respect of the same incident. The petitioners in all these Criminal Petitions are one and the same and they are all arrayed as accused in all the following crimes. Hence, all the Criminal Petitions are heard together and are considered under a common order.
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.
Crime No. 139 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, 353, 324, 435 read with 149 of IPC, Sections 3 and 4 of Prevention of Damage to Public Property Act, 1984 and Section 32 of the Police Act, 1861.
Crime No. 140 of 2022 of Amalapuram Taluq Police Station, East Godavari District, registered for the offences punishable under Sections 341, 143, 144, 147, 148, 151, 336, 435, 188 read with 149 of IPC, Sections 3 and 4 of Prevention of Damage to Public Property Act, 1984 and Section 32 of the Police Act, 1861.
Crime No. 141 of 2022 of Amalapuram Taluq Police Station, East Godavari District, registered for the offences punishable under Sections 341, 143, 144, 147, 148, 151, 336, 435, 188 read with 149 of IPC, Sections 3 and 4 of 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 and glasses of Collectorate Office and Ambedkar Bhavan were damaged.
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 police personnel and 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 complaints given by different persons, the above crimes were registered.
3. Heard Sri G. Yaswanth, 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 submitted that six crimes were registered in connection with the incident said to have been occurred on 24.05.2022 at Amalapuram i.e. Crime Nos. 138, 139, 140 and 141 of 2022 of Amalapuram Town Police Station and Crime Nos. 126 and 127 of Amalapuram Taluq Police Station. It is stated that initially petitioners' names were not figured in the above crimes. Basing on the confession statements of the one of the arrested accused
In the absence of material evidence linking the petitioners to the damage of public property, the court cannot impose costs on them as per the decision of the Supreme Court in Kodungallu Film Society....
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 gra....
In cases of violence resulting in loss of life or damage to property, bail may be granted upon depositing the quantified loss caused due to such violence or furnishing security for such quantified lo....
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....
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.
Confessional statements made by an accused person to a police officer after the investigation has started are inadmissible as evidence.
Extra-judicial confessions made by accused persons before 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.
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.
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....
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