The court ruled that pre-trial detention should not be treated as punishment, emphasizing the need to balance the rights of the accused with the interests of justice, even amidst political contexts.

COMMON ORDER:

Since all the criminal petitions arise in same crime and as they are heard together, they are now to be disposed of by this common order.

2. Crl.P.No.5202 of 2024, under Sections 437 and 439 of Cr.P.C. (New Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023), is filed by the petitioner/A.5 to grant regular bail in connection with Crime No.137 of 2023 of Gannavaram Police Station, Krishna District, registered for the offences punishable under Sections 143, 147, 148, 435, 436, 450, 452, 506 and120-B read with 149 of I.P.C.

3. Crl.P.No.5375 of 2024, under Sections 437 and 439 of Cr.P.C. (New Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023), is filed by the petitioners/A.9, A.10, A.12, A.26, A.33, A.41, A.44, A.48, A.57, A.58, A.59, A.60, A.66 and A.70 to grant regular bail in connection with Crime No.137 of 2023 of Gannavaram Police Station, Krishna District, registered for the offences punishable under Sections 143, 147, 148, 435, 436, 450, 452, 506 and120-B read with 149 of I.P.C.

4. Crl.P.No.5468 of 2024, under Sections 437 and 439 of Cr.P.C. (New Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023), is filed by the petitioner/A.38 to grant regular bail in connection with Crime No.137 of 2023 of Gannavaram Police Station, Krishna District, registered for the offences punishable under Sections 143, 147, 148, 435, 436, 450, 452, 506 and120-B read with 149 of I.P.C.

5. Heard arguments of Sri K.V.K.Vikram Kumar, the learned counsel for petitioner in Crl.P.No.5202 of 2024, Sri Sunkara Rajendra Prasad, the learned counsel for petitioners in Crl.P.No.5375 of 2024 and Sri Varun Byreddy, the learned counsel for petitioner in Crl.P.No.5468 of 2024 and Sri K.Sandeep, the learned Assistant Public Prosecutor for respondent-State.

6. There are two prominent recognized political parties in the State of Andhra Pradesh. The crime incident in this case took place on 20.02.2023. The scene of offence is situated in TDP party office located in Sri Nagar Colony, Gannavaram Village within the limits of Gannavaram Police Station. The incident allegedly occurred on 20.02.2023 at about 5.00 P.M. in the evening. This is a case of mob violence, criminal conspiracy, arson of dwelling house, house trespass having made preparation for causing hurt, rioting, armed with deadly weapons, mischief by fire or explosive substance and intentional insults and intimidation at TDP office.

7. The allegations in these cases against the petitioners are that:

• The de facto complainant-Mudunuri Satyavardhan is a resident of Gannavaram Village and he is working as a Computer Operator in TDP party office, which situated in Sri Nagar Colony in Gannavarm. He lives in the party office. Thus, it is his place of work as well as place of residence.

• On 18.02.2023, in the afternoon, Sri Vallabhaneni Vamsi Mohan, who is Ex-MLA for Gannavaram Assembly conducted a press meet and he made some allegations against Sri N. Chandrababu Naidu, Sri Nara Lokesh and their family members by insulting them using un- parliamentary language. In this connection, one Jasti Venkateswara Rao, who is TDP Party President for Gannavaram Assembly constituency along with Sri Dontu Chinna, along with some other TDP leaders conducted press meet on the next day i.e., on 19-02-2023 at 10 A.M. in TDP Party office, Gannavaram and condemned the allegations made by the EX-MLA Sri VallabhaneniVamsi Mohan.

• On 20.02.2023, the de facto complainant, the office boy Pitta Mahesh and car driver Kalyani were present in the office. At about 5 P.M., Sri Vallab