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2022 Supreme(Online)(AP) 4317

HIGH COURT OF ANDHRA PRADESH FRIDAY ,THE SECOND DAY OF SEPTEMBER

2022:APHC:26421

TWO THOUSAND AND TWENTY TWO PRSENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CRIMINAL PETITION NO: 6658 OF 2022

Between:

1. Mattaparthy Murali Krishna S/o.Late Sri M.Adinarayana Aged 57 years, Occ-Advocate R/o.Door No.5-3-51/A, Koundinya Naga- Amalapuram, Ambedkar Konaseema Dis-rict Andhra Pradesh.

...PETITIONER(S) AND:

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

Rep.by public prosecutor, High Court, Amaravathi ...RESPONDENTS Counsel for the Petitioner(s): KOMARA PRUDHVI RAJ Counsel for the Respondents: PUBLIC PROSECUTOR (AP) The Court made the following: ORDER 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).

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, 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

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