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2022 Supreme(Online)(AP) 3225

HIGH COURT OF ANDHRA PRADESH TUESDAY ,THE TWENTY THIRD DAY OF AUGUST

2022:APHC:24955

TWO THOUSAND AND TWENTY TWO PRSENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CRIMINAL PETITION NO: 6290 OF 2022

Between:

1. Pithani Venkata Ramana S/o.Verriyya(A-54) Aged 27 years, Occ- Business Pechetti Vari Palem, Ambajipeta Mandal, Konaseema District, Andhra Pradesh

2. Ganja Raghavendra Rao S/o.Satyanarayana(A-48) Aged 36 years, Occ- Business Pechetti Vari Palem, Ambajipeta Mandal, Konaseema District, Andhra Pradesh

3. Vasamsetti Bhargava Sai S/o.Sri Rama Krishna(A-49) Aged 25 years, Occ- Business Pechetti Vari Palem, Ambajipeta Mandal, Konaseema District, Andhra Pradesh ...PETITIONER(S) AND:

1. The State of Andhra Pradesh Station House Officer Amalapuram Town Police Station Amalapuram, Konaseema District.

Rep.by public prosecutor, ...RESPONDENTS Counsel for the Petitioner(s): YASWANTH GADE Counsel for the Respondents: PUBLIC PROSECUTOR (AP) The Court made the following: ORDER THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI CRIMINAL PETITION Nos.6288, 6289 AND 6290 OF 2022

COMMON ORDER:

These Criminal Petitions are filed under Sections 437 & 439 of Criminal Procedure Code (for short ‘Cr.P.C.’), seeking regular bail by the petitioners/Accused in the following crimes: Crime No.139 of 2022 dated 24.05.2022 of Amalapuram Town Police Station, Amalapuram, East Godavari District, registered against the petitioners/Accused Nos. 120, 114, 115, 77 and 158 for the offences punishable under Sections 307, 143, 144, 147, 148, 151, 152, 332, 336, 427, 188, 353, 324, 435 r/w. 149 of IPC, Sections 3 and 4 of Prevention of Damage to Public Property Act, 1984 and Section 32 of Police Act, 1861.

Crime No. 127 of 2022 dated 24.05.2022 of Amalapuram Taluq Police Station, Amalapuram, East Godavari District, registered against the petitioners/Accused Nos. 107, 101, 102, 87 and 143 for the offences punishable under Sections 143, 144, 147, 148, 452, 151, 436 and 307 r/w 149 of IPC, Section 32 of Police Act, 1861 and Sections 3(2)(v), 3(2)(va) of the Scheduled Castes and the Scheduled tribes (POA) Act, 1989 (Amendment Act, 2015) (01/2016).

Crime No.138 of 2022 dated 24.05.2022 of Amalapuram Town Police Station, Amalapuram, East Godavari District, registered against the petitioners/Accused Nos. 54, 48 and 49 for the offences punishable under Sections 307, 143, 144, 147, 148, 151, 152, 332, 336, 427, 188, 353 r/w 149 of IPC, Sections 3 and 4 of Prevention of Damage to Public Property Act, 1984 and Section 32 of Police Act, 1861.

2. Since the above crimes were registered in relation to Konaseema agitation, they are being disposed of by this common order.

3. 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, 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 lodged by the Village Revenue Officer of the 30 th Ward, Amalapuram town crime No. 139 of 2022 was registered, basing on the complaint lodged by Watchman of the house of the Minister, Crime No.127 of 2022 was registered and basing on the complaint lodged by the Home guard, Crime

No.138 of 2022 was registered.

4. Heard Sri G.Yaswanth, 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) 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 inc

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