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2022 Supreme(Online)(AP) 2727

HIGH COURT OF ANDHRA PRADESH FRIDAY ,THE TWELFTH DAY OF AUGUST

2022:APHC:23963

TWO THOUSAND AND TWENTY TWO PRSENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CRIMINAL PETITION NO: 5834 OF 2022

Between:

1. Kanipudi Ramesh, S/o Pallamraju, D.No.11-433, Bapuji Vidya Nagar colony, Konkapalli Village, Peruru Gram Panchayat, Amalapuram.

Konaseema District, Andhra Pradesh

2. Vakapalli Veera Sai Manikanta S/o Veera Venkata Subbarao,

R/o.D.No.10-2-84, Nalla Veedhi, Amalapuram Konaseema District, Andhra Pradesh

3. Suda Srinivasa Rao, S/o Narasimha Murthy, R/o. D.No.1-174, Mutyalamma street, Anathavaram, Mummidivaram Mandal, Konaseema District, AP

4. Mattaparthi Hemanth Raghu Vinai, S/o Bala Srihari, R/o.D.No.5-3-22, Dommetivari Street, Amalapuram. Konaseema District, AP

5. Dasam Vishnu Satyanandam, S/o Satvanarayana, R/o.D.No.75-1-10, Venkateswara Appartments, Prakash Nagar, Rajamahendravaram East Godavari District, Andhra Pradesh

6. Nakka Hari Sai @ Hari S/o Srinivasa Rao, R/o.D.No.6-126, Main Street, Indupalli Village, Amalapuram Mandal. Konaseema District, AP

7. Nalla Sita Rambabu @ Rambabu S/o.Sri N.Rama Rao Aged 43 years, Occ.Business R/o.Door No.10-1-55, Moberlapeta Amalapuram, E.G.District, AP ...PETITIONER(S) AND:

1. The State of Andhra Pradesh Station House Officer Amalapuram Taluq Police Station Amalapuram, East Godavari District.

Rep.by public prosecutor, High Court, Amaravathi ...RESPONDENTS Counsel for the Petitioner(s): PASUPULATI ANITHA Counsel for the Respondents: PUBLIC PROSECUTOR (AP) The Court made the following: ORDER THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI CRIMINAL PETITION No.5834 of 2022

ORDER:

This Criminal Petition is filed under Section 438 of Criminal Procedure Code (‘Cr.P.C.’ in short), seeking pre arrest bail, by the petitioners/accused in Crime No.127 of 2022 of Amalapuram Taluq Police Station, East Godavari District, registered for the offences punishable under Sections 143, 144, 147, 148, 452, 151, 436, 307, read with 149 IPC, Section 32 of Police Act, 1861 and Section 3(2)(v), 3(2)(va) of S.C.&S.T.(Prevention of Atrocities) Amendment Act, 2015.

2. The facts of the case, in brief, is 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, 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 complainant and his staff; 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 given by the watchman working at the house of Sri Pinipe Viswaroop, Transport Minister of Andhra Pradesh, the case in Cr.No.127 of 2022 has been registered.

3. Though notice is required to be served on the victim, since notices have been served to the victim 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.

4. Heard Ms.P.Anitha, learned counsel for the petitioners and Sri Soora Venkata Sainath, learned Special Assistant Public Prosecutor for the respondent-State.

5. Learned counsel for the petitioners, in elaboration what has been raised in the grounds, contended that initially the petitioners’ names were not figured in the complaint. The names of the petitioners 1 to 5 are not mentioned in the FIR and basing on the confession statements of the other accused, their names were included as accused in this crime. It is also contended that some of the accused in the present crimes and other crimes registered in connection with the same incident were granted regular as well as anticipatory bails. Now the police are making hectic efforts to take the petitioners into custody. The petitioners are law abiding citizens and they are ready to abide by the conditions imposed by this Court.

6. On the other hand, the learned Special Assistant Public Prosecutor submitted that the petitioners have already approached Sessions Court and filed bail application wherein the trial court dismissed their bail applications and the same were placed on record. Further submitted that the involvement of the petitioners 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 petitions, in such case, he draw the att

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