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.

JUDGMENT

Ravi Cheemalapati, J. - This Criminal Petition is filed under Sections 437 & 439 of Criminal Procedure Code ('Cr.P.C.' in short), seeking regular bail, by the petitioner/Accused-183 in Crime No. 127 of 2022 of Amalapuram Taluq Police Station, East District, registered for the offences punishable under Sections 143, 144, 147, 148, 452, 151, 436 and 397 read with 149 of IPC, Section 32 of Andhra Pradesh Police Act and Sections 3(2)(v), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (PoA) Act, 1989 (Amendment Act, 2015).

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 police personnel; 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 watchman of the house of the Minister, Crime No. 127 of 2022 was registered.

3. Heard Sri K. Chidambaram, learned Senior Counsel, representing Sri S. Goutham, learned counsel for the petitioner and Sri Soora Venkata Sainath, learned Special Assistant Public Prosecutor for the respondent-State.

4. Learned Senior Counsel submitted that initially petitioner's name was not figured in the complaint. Basing on the confession statement of A1, his name was reflected and it is also contended that some of the accused in Crime Nos. 138, 139, 140 and 141 of 2022, registered in connection with the same incident, were granted bail in Criminal Petition Nos. 4881, 4882, 4883 and 4885 of 2022, respectively and sought to consider the present petition also in similar lines. It is also contended that the petitioner is languishing in jail since 05.06.2022 and requested to consider enlarging the petitioner on bail on any conditions that may be imposed.

5. On the other hand, the learned Special Assistant Public Prosecutor submitted that the involvement of the petitioner 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 drew 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 this Court