Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Online)(AP) 4282

HIGH COURT OF ANDHRA PRADESH
RAVI CHEEMALAPATI, J
NUKALA SATYANARAYANA @ PANDU – Appellant
Versus
THE STATE OF ANDHRA PRADESH – Respondent
CRIMINAL PETITION NO: 6659 OF 2022

Advocates:
For the Appellants/Petitioners: PASUPULATI ANITHA
For the Respondents: PUBLIC PROSECUTOR (AP)

The court ruled that pre-arrest bail must be granted when no specific overt acts are attributed to the accused in unlawful assembly and violence-related cases.

Headnote:(A) Criminal Procedure Code, 1973 - Section 438 - Anticipatory bail - Petitioners sought pre-arrest bail for multiple FIRs related to public agitation resulting in violence and property damage. Court assessed the evidence extensive involvement of accused based on visual proof; however, lack of explicit overt acts against petitioners necessitated bail consideration. (Paras 5, 10, 19)

(B) In granting bail, considerations included the gravity of accusations, possibility of tampering, and necessity of protecting the investigation process. The court emphasized that the absence of specific accusations in FIRs against petitioners warranted their pre-arrest bail. (Paras 11, 19)

Facts of the case:
Petitioners apprehended arrest concerning multiple crimes linked to an agitation against administrative changes. The accused claimed no violent intent despite mob disruption, with their names not initially appearing in the FIRs.

Findings of Court:
Pre-arrest bail granted under conditions including execution of bond and prohibition on contacting witnesses.

Issues: The primary issue was whether the petitioners had participated in the unlawful assembly with intent to commit offences.

Ratio Decidendi: The absence of shared criminal intent among the mob indicated insufficient grounds for pre-arrest detention.

Result: Criminal Petitions are allowed.

Table of Content
1. facts outlining agitation leading to multiple charges. (Para 2 , 3 , 4)
2. arguments regarding anticipatory bail requests and grounds for apprehension. (Para 5 , 6)
3. court's observation on the lack of direct overt acts and collective intent. (Para 8 , 9 , 10)
4. discussion on legality of accusations in terms of intent and assembly. (Para 12 , 14 , 15)
5. final conditions and reasoning for granting bail. (Para 19 , 20 , 21)

COMMON ORDER:

Since the petitioners/Accused are 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 petitioners/Accused in the following crimes: 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 3 2 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.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.138 of 2022 dated 24.05.2022 of Amalapuram Town Police Station, Amalapuram, East Godavari District, registered for the offences punishable under Sections 3 07 , 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 3 2 of Police Act , 1861.

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 3 07 , 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 3 2 of Police Act , 1861.

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).

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 3 41, 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 3 2 of Police Act , 1861.

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 an

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2022 Supreme(Online)(AP) 4282

HIGH COURT OF ANDHRA PRADESHRAVI CHEEMALAPATI, JNUKALA SATYANARAYANA @ PANDU – AppellantVersusTHE STATE OF ANDHRA PRADESH – RespondentCRIMINAL PETITION NO: 6659 OF 2022

The court ruled that pre-arrest bail must be granted when no specific overt acts are attributed to the accused in unlawful assembly and violence-related cases.

HIGH COURT OF ANDHRA PRADESH
RAVI CHEEMALAPATI, J
NUKALA SATYANARAYANA @ PANDU – Appellant
Versus
THE STATE OF ANDHRA PRADESH – Respondent
CRIMINAL PETITION NO: 6659 OF 2022