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2022 Supreme(Online)(AP) 4407

HIGH COURT OF ANDHRA PRADESH WEDNESDAY ,THE SEVENTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY TWO PRSENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CRIMINAL PETITION NO: 6214 OF 2022 Between:

1. KOPISETTI TATA RAO S/o Satyanarayana, aged about 42 years, Occ. Tailor, R/o. 11-10, Agraharam, Mummidivaram (M), Konaseema District.

...Petitioner/Accused-288.

...PETITIONER(S)

AND:

1. The State of A.P.. Rep. by its Police Prosecutor HIgh Court of A.P, High Court Buildings through SHO, Amalapuram Rural Police Station, Konaseema District.

...RESPONDENTS Counsel for the Petitioner(s): BOKKA SATYANARAYANA KAMLA Counsel for the Respondents: PUBLIC PROSECUTOR (AP)

The Court made the following: ORDER +-THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI CRIMINAL PETITION Nos.6214 & 6263 OF 2022

COMMON ORDER:

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 Nos.288 & 296, respectively in Crime No.126 of 2022 of Amalapuram Taluq Police Station, East Godavari District, registered for the offences punishable under Sections 143, 144, 147, 148, 151, 152, 155 452, 436, 353, 332, 427, 188 and 307 read with 149 of the Indian Penal Code 1908 (‘IPC’ in short) and Sections 3 and 4 of the Prevention of Damage to the Public Properties Act, Section 32 of the Police Act, 1861 and Sections 3(2)(v) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (PoA) Act, Amendment Act, 2015 (01/2016).

2. The facts of the case, in brief, are that on 24.05.2022 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 the 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 complainant and his staff and 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 Sub-Inspector of Police, Amalapuram, Crime No.126 of 2022 was registered.

4. Heard Sri Bokka Satyanarayana, learned Counsel for the petitioners and Sri Soora Venkata Sainath, learned Special Assistant Public Prosecutor for the respondent-State.

5. Though notice is required to be served on the victim as per the Scheduled Castes and the Scheduled Tribes (PoA) Act, Amendment Act, 2015, since notice on the same victim was served in several other Criminal Petitions in this crime as well as in other crimes, arisen out of the same incident, no prejudice would be caused to the victim, if no notice is served in this Criminal Petition.

6. Learned counsel for the petitioners, in elaboration to what has been raised in the grounds, contended that six crimes were registered in connection with ‘Konaseema’ agitation occurred on 24.05.2022 at Amalapuram. The said six Crimes are FIR Nos.138, 139, 140 and 141 of

2022 of Amalapuram Town Police Station and FIR Nos.126 and 127 of

2022 of Amalapuram Taluq Police Station.

It is stated that initially the petitioners’ names were not figured in the complaint. However, as per the prosecution version, Accused No.288 was implicated, based on his own confession and was arrested on 21.06.2022 and Accused No.296 was implicated basing on the confessions statement of Accused No.293 and was arrested on 22.06.2022 and since then they are languishing in jail.

It is also stated that the petitioners approached the Sessions Court by filing Criminal M.P.Nos.1125 and 1130 of 2022 seeking bail and the said petitions were dismissed on 19.07.2022 on the ground investigation is still pending.

It is also contended that some of the accused in the present crimes and other crimes registered in connection with the same i

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