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ANDHRA PRADESH HIGH COURT AT AMARAVATI
Ravi Cheemalapati, J.
Desamsetti Siva Madhu Kalyan – Appellant
Versus
State & Ors. – Respondents
Criminal Petition Nos. 5070, 5074, 5295 and 5072 of 2022
Decided On : 26-07-2022
CRIMINAL BAIL - UNLAWFUL ASSEMBLY - SECTIONS 141, 146, 147, 307 IPC - INTERPRETATION - COURT ANALYSIS - KEY LEGAL PRINCIPLE
Fact of the Case:
Petitioner seeks bail in four criminal cases registered against him for offenses including rioting, attempt to murder, and damage to property. The offenses were allegedly committed during a protest against the change of name of Konaseema District to Dr. B.R. Ambedkar Konaseema District.
Finding of the Court:
The court found that the petitioner's name was not mentioned in any of the FIRs and that he was only implicated based on the confession of other accused. The court also found that there was no evidence of a common intention among the protestors to commit the offenses alleged.
Issues: 1. Whether the petitioner was involved in the alleged offenses. 2. Whether the offenses alleged were made out against the petitioner.
Ratio Decidendi: The court held that the petitioner was entitled to bail as there was no evidence of his involvement in the alleged offenses. The court also held that the offenses alleged were not made out against the petitioner as there was no evidence of a common intention among the protestors to commit the offenses.
Final Decision: The court granted bail to the petitioner on the condition that he execute a self-bond and two sureties, appear before the Station House Officer once a week, cooperate with the police in the investigation, and not go beyond the region of Amalapuram Town Police Station without permission.
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 in connection with crime Nos. 138, 139, 140 and 141 of 2022 of Amalapuram Town Police Station, East Godavari District.
2. The petitioner is arrayed as one of the accused in all four crimes.
3. Crime No. 138 of 2022 is registered for the offences punishable under Sections 307, 120(b) 324, 143, 144, 147, 148, 151, 152, 332, 336, 427, 188, 353, 506 read with 149 IPC and Sections 3 and 4 of PDPP Act and 32 of Police Act.
4. Crime No. 139 of 2022 is registered for the offences punishable under Sections 307, 143, 144, 147, 148, 151, 152, 332, 336, 427, 188, 353, 324, 435, 120(B), 109, 201 read with 149 of IPC, Sections 3 and 4 of PDPP Act and 32 of Police Act.
5. Crime No. 140 of 2022 is registered for the offences punishable under Sections 307, 120(B), 341, 143, 144, 147, 148, 151, 336, 435, 188, 506 read with 149 of IPC, Sections 3 and 4 of PDPP Act and 32 of Police Act, 1861.
6. Crime No. 141 of 2022 is registered for the offences punishable under Sections 307, 143, 144, 147, 148, 452, 436, 435, 188, 120(B), 353, 201 and 109 read with 149 of the Indian Penal Code, 1860 (for short 'IPC') and Section 32 of Police Act.
7. The above crimes were registered basing on the reports lodged by Subrahmanyam Vasamsetti, Home Guard-268; Koppisetti Venkata Ganesh, VRO; Naga Venkata Ratna Giri Babu, Driver of RTC Bus and Ponnada Venkata Narayana Kumar cousin of Ponnada Venkata Satish, MLA of Mummidhivaram; respectively, with regard to the incident that took place on 24.05.2022 pursuant to the notification issued by the Government by changing the name of Konaseema District as Dr. B.R. Ambedkar Konaseema District.
8. The facts of above crime are inter-linked. Therefore, they are considered and decided by this common order.
The facts of the case in brief are:
9. 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 together for submitting objections pursuant to issuance of Gazette notification with regard to change of name of Konaseema District by violating the proceedings issued 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.
10. Thereafter the mob moved to Collectorate and on the way to Collectorate when the Police were discharging their duties, the mob pelted stones on the Police and burnt BVC collage bus which was used as transport vehicle for the Police.
11. Further when 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.
12. Thereafter, the mob proceeded to Red Bridge (Erra Vanthena), intercepted two RTC buses, damaged them and set fire to the buses.
13. The mob further moved towards the house of MLA and pelted stoned on the house due to which glasses were damage. When cousin of MLA tried to pacify the matter and while he was taking video of the situation, the mob poured petrol on him, but he managed to escape. Then the mob entered into the house of MLA, set fire to the motorcycles and entire furniture in the house including house.
14. The petitioner is arrayed as one of the accused in the above crimes basing on the complaints lodged by respective persons referred to supra.
15. Heard Sri B.V. Subrahmanyeswara Rao, learned counsel for the petitioner and Sri Soora Venkata Sainath, learned Special Assistant Public Prosecutor for the respondent-state.
16. Learned counsel for the petitioner submits that the petitioner is innocent and he is no way connected with the alleged offence. He submits that the name of the petitioner does not reflect in a
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....
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....
Confessional statements made by an accused person to a police officer after the investigation has started are inadmissible as evidence.
The absence of specific overt acts against a petitioner amidst a large assembly precludes refusal of anticipatory bail under relevant IPC provisions.
Point of Law : Impact of grant of anticipatory bail particularly in cases of large magnitude affecting a very large number of people.
Pre-arrest bail can be granted where allegations are not supported by evidence on record.
In cases of unlawful assembly and rioting, the prosecution must establish that the accused had a common intention of committing an offence.
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.
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....
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