2022 Supreme(Online)(AP) 2425
THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI CRIMINAL PETITION Nos.5802, 5803, 5769, 5694, 5695, 5767 & 5783 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 in the following crimes, registered in respect of the same incident. Hence, they are heard together and are considered under a common order.
Crime No.138 of 2022 of Amalapuram Town Police Station, East Godavari District, registered for the offences punishable under Sections 307, 143, 144, 147, 148, 151, 152, 332, 336, 427, 188 and 353 read with 149 of IPC, Sections 3 and 4 of the Prevention of Damage to Public Property Act, 1984 and Section 32 of the Police Act, 1861.
Crime No.139 of 2022 of Amalapuram Town Police Station, East Godavari District, registered for the offences punishable under Sections 307, 143, 144, 147, 148, 151, 152, 332, 336, 427, 188, 353, 324, 435 read with 149 of IPC, Sections 3 and 4 of Prevention of Damage to Public Property Act, 1984 and Section 32 of the Police Act, 1861.
2. The facts of the case, in brief, are that on 24.05.2022 at about 4.00 p.m., 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 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 police personnel and 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 complaints given by different persons, the above crimes were registered.
3. Heard Sri G. Rama Gopal, learned counsel for the petitioners and Sri Soora Venkata Sainath, learned Special Assistant Public Prosecutor for the respondent-State.
4. Learned Counsel for the petitioners submitted that initially petitioners’ names were not figured in the above crimes. Basing on the confession statements of the other accused and/or basing on the electronic evidence their names were arrayed in the above crimes and