ORDER:

This Criminal Petition is filed under Sections 437 & 439 of Criminal Procedure Code (‘Cr.P.C.’ in short), seeking regular bail, by the petitioner/Accused No.137 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, 151, 152, 452, 436 and 307 read with 149 of the Indian Penal Code 1908 (‘IPC’ in short), Section 32 of the Andhra Pradesh Police Act and Section 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 Watchman, Crime

No.127 of 2022 was registered.

4. Heard Sri V.S.R.S. Naidu, learned Counsel for the petitioner and Sri Sravan Kumar Naidana, 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 petitioner, 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 petitioner’s name was not figured in the complaint. Basing on the confession statement of Accused No.128 in Crime No.139 of 2022, his name was arrayed as accused and was arrested on 03.06.2022 in one Crime and shown his arrest in this crime and since then he is languishing in jail.

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. Hence, requested to consider enlarging the petitioner on bail on any conditions that may be imposed.

7. On the other hand, the learned Special Assistant Public Prosecutor submitted that the petitioner has already approached Sessions Court for bail by filing Criminal M.P.