THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI CRIMINAL PETITION Nos.6173 & 6163 OF 2022
COMMON ORDER:
These Criminal Petitions are filed under Sections 437 & 439 of Criminal Procedure Code (8Cr.P.C.9 in short), seeking regular bail, by the petitioners/Accused in the following crimes:
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.
As the petitioners in both the Criminal Petitions are one and the same (except Petitioner No.8 in Crl.P.No.6163 of 2022) and they arise out of the 8Konaseema9 incident, both the petitions are heard together and are disposed of under a common order.
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 Hon9ble Minister.
When the mob shouted and beat police persons, AR constable fired rounds in air, but agitators attacked police personnel and staff of the Hon9ble 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 of the Home Guard-268 and the Village Revenue Officer, Amalapuram, respectively, the above crimes were registered.
3. Heard Sri T.V. Jaggi Reddy, 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 six crimes were registered in connection with the incident said to have been occurred on 24.05.2022 at Amalapuram i.e. Crime Nos.138, 139, 140 and 141 of 2022 of Amalapuram Town Police Station and Crime Nos.126 and 127 of Amalapuram Taluq Police Station.
It is stated that initially petitioners9 names were not figured in the said crimes. But, later they were implicated on the basis of the confession statement of one of the arrested accused and were arrested on different dated during May, June and July, 2022 in one Crime and were shown in the remaining five crimes on P.T. warrant.
It is also contended that some of the accused in these crimes and the other crimes registered in connection with the same incident, were granted pre-arrest/regular bail and sought to consider the present petitions also on similar lines, on any conditions that may be imposed.
6. On the other hand, the learned Special Assistant Public Prosecutor submitted that involvement of the petitioners is evident from the confession statements of t
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.