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SUBBA REDDY SATTI
Pati Srinivas Rao – Appellant
Versus
State Rep. by its Public Prosecutor – Respondent
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,
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....
Confessional statements made by accused persons before a police officer after the investigation has started are inadmissible as evidence.
Pre-arrest bail can be granted where allegations are not supported by evidence on record.
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.
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.
Confessional statements made by an accused person to a police officer after the investigation has started are inadmissible as evidence.
In cases of unlawful assembly and rioting, the prosecution must establish that the accused had a common intention of committing an offence.
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.
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