Judicial Analysis Court Copy Headnote Facts Arguments Court observation

ANDHRA PRADESH HIGH COURT
Subba Reddy Satti, J.
Pati Srinivas Rao – Petitioner
versus
State Rep. by its Public Prosecutor – Respondent
Criminal Petition Nos.4123, 4124, 4125
and 4171 of 2022
Decided on 4.7.2022

Advocates:
Counsel for the Parties:
For the Petitioner:Ch S V Suraj, Advocate
For the Respondent: Public Prosecutor (AP)

IMPORTANT POINT
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 should be prevention of harassment, humiliation and unjustified detention of accused.

Headnote:
Criminal Procedure Code, 1973 – Section 438 – Anticipatory Bail application – 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 should be prevention of harassment, humiliation and unjustified detention of accused – There must be unlawful assembly as defined under Section 141 of IPC for attracting offences under Sections 146 and 147 of IPC – In present case nothing is forthcoming from record to show that all people in mob had a common intention of committing an offence – In complaints lodged by respective complainants, name petitioner is not reflected – Basing on confession of other accused, petitioner was arrayed as accused – It is appropriate to grant pre-arrest bail to petitioner – Pre-arrest bail granted. (Paras 19, 23, 27, 29, 30 and 31)
Result: Criminal Petitions allowed.

ORDER (COMMON)

These Criminal Petitions are filed under Section 438 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) to enlarge the petitioner on bail in the event of his arrest in connection with crime Nos.141, 138, 140 and 139 of 2022 of Amalapuram Town Police Station, East Godavari District.

2. The petitioner is arrayed as A29, A33, A33 and A29 respectively in the above crimes.

3. 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.

4. 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.

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.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.

7. The above crimes were registered basing on the reports lodged by Ponnada Venkata Narayana Kumar cousin of Ponnada Venkata Satish, MLA of Mummidhivaram; Subrahman-yam Vasamsetti, Home Guard-268; Naga Venkata Ratna Giri Babu, Driver of RTC Bus; Koppisetti Venkata Ganesh, VRO, 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 Ch. S.V.Suraj, 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 basing