Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Online)(AP) 4317

HIGH COURT OF ANDHRA PRADESH
Ravi Cheemalapati, J
Mattaparthy Murali Krishna – Appellant
Versus
State Of Andhra Pradesh – Respondent
CRIMINAL PETITION NO: 6658 OF 2022 | CRIMINAL PETITION Nos.6662, 6664, 6665, 6668 and 6669 OF 2022

Advocates:
For the Appellants/Petitioners: K. Chidambaram, Prudhvi Komara
For the Respondents: Soora Venkata Sainath

Anticipatory bail may be granted when the accused is not named in the original FIR, no specific overt acts are attributed to them, and the prosecution relies on weak evidence such as extra-judicial confessions, provided the accused complies with strict conditions to ensure fair investigation.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 438 - Pre-arrest bail - Absence of specific overt acts attributed to the petitioner, non-inclusion of the name in the original complaint, and the reliance on weak extra-judicial confessional statements provided grounds for grant of anticipatory bail. (Paras 16, 19)

(B) Indian Penal Code, 1860 - Sections 141, 146, 147, 307 - Rioting - Unlawful assembly - Mere presence in a large mob gathering for submission of representations without evidence of a common object or specific intent to cause death does not automatically attract charges under S.307 IPC. (Paras 12, 14, 15)

Facts of the case:
The petitioner approached the Court seeking pre-arrest bail in connection with multiple crimes registered following an agitation concerning the renaming of a district. A large gathering assembled to submit representations, during which properties were damaged and police were assaulted. The petitioner was not named in the initial complaints but was implicated based on the alleged confessions of co-accused individuals.

Findings of Court:
The Court observed that the petitioner was not named in the FIRs, no specific overt acts were attributed to him in the investigative material, and that extra-judicial confessions are a weak form of evidence. It held that the conditions for granting bail under the specified legal precedents were met, subject to strict conditions to ensure non-interference with the investigation.

Issues: The central issues were: (1) whether the petitioner qualified for anticipatory bail given the nature of the offenses and the material on record; and (2) whether the evidence provided was sufficient to establish the petitioner's involvement, specifically in the context of rioting and attempt to murder charges.

Ratio Decidendi: Anticipatory bail may be granted when there is no specific overt act attributed to the accused in the FIR, the accused is not named in the initial complaint, and the prosecution relies heavily on inadmissible or weak extra-judicial confessions, provided the accused adheres to strict bail conditions to prevent evidence tampering or witness intimidation.

Result: Criminal Petitions allowed; pre-arrest bail granted with conditions.

Table of Content
1. factual background and identification of accused (Para 1 , 2 , 9 , 10)
2. contentions of opposing parties (Para 3 , 4 , 5 , 6)
3. judicial guidelines for grant of bail (Para 7 , 8)
4. analysis of offenses and assembly nature (Para 11 , 12 , 13 , 14 , 15)
5. application of law and final bail order (Para 16 , 17 , 18 , 19 , 20 , 21)

THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI

CRIMINAL PETITION Nos.6658, 6662, 6664, 6665, 6668 and 6669 OF 2022

COMMON ORDER:

Since the petitioner/Accused is one and the same and the above crimes were registered in relation to Konaseema agitation, they are being disposed of by this common order.

These Criminal Petitions are filed under Sections 438 of Criminal Procedure Code (‘Cr.P.C.’ in short), seeking pre-arrest bail, by the petitioner/Accused in the following crimes:

Crime No.139 of 2022 dated 24.05.2022 of Amalapuram Town Police Station, Amalapuram, East Godavari District, registered 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.138 of 2022 dated 24.05.2022 of Amalapuram Town Police Station, Amalapuram, East Godavari District, registered 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.

Crime No.140 of 2022 dated 24.05.2022 of Amalapuram Town Police Station, Amalapuram, East Godavari District, registered for the offences punishable under Sections 341, 143, 144, 147, 148, 151, 336, 435, 188 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.141 of 2022 dated 24.05.2022 of Amalapuram Town Police Station, Amalapuram, East Godavari District, registered for the offences punishable under Sections 307, 143, 144, 147, 148, 452, 436, 435, 188 r/w. 149 of IPC 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 for the offences punishable under Sections 143, 144, 147, 148, 151, 452, 436, 307 r/w. 149 of IPC, Section 32 of Police Act, 1861 and Section 3 (2) (v), 3 (2) (va) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act Amendment Act, 2015 (01/2016).

Crime No.126 of 2022 dated 24.05.2022 of Amalapuram Taluq Police Station, Amalapuram, East Godavari District, registered for the offences punishable under Sections 143, 144, 147, 148, 151, 152, 155, 452, 436, 353, 332, 427, 188, 307 r/w. 149 of IPC, Sections 3 and 4 of Prevention of Damage to Public Property Act, 1984 and Section 3 (2) (v), 3 (2) (va) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act Amendment Act 2015 (01/2016).

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 Bha

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2022 Supreme(Online)(AP) 4317

HIGH COURT OF ANDHRA PRADESHRavi Cheemalapati, JMattaparthy Murali Krishna – AppellantVersusState Of Andhra Pradesh – RespondentCRIMINAL PETITION NO: 6658 OF 2022 | CRIMINAL PETITION Nos.6662, 6664, 6665, 6668 and 6669 OF 2022

Anticipatory bail may be granted when the accused is not named in the original FIR, no specific overt acts are attributed to them, and the prosecution relies on weak evidence such as extra-judicial confessions, provided the accused complies with strict conditions to ensure fair investigation.

Cases Referred (3)

HIGH COURT OF ANDHRA PRADESH
Ravi Cheemalapati, J
Mattaparthy Murali Krishna – Appellant
Versus
State Of Andhra Pradesh – Respondent
CRIMINAL PETITION NO: 6658 OF 2022 | CRIMINAL PETITION Nos.6662, 6664, 6665, 6668 and 6669 OF 2022