HIGH COURT OF ANDHRA PRADESH THURSDAY ,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY TWO PRSENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CRIMINAL PETITION NO: 6136 OF 2022 Between:
1. Akula Jaya Sai Durga @ Sai S/o.Nageshwara Rao, Aged 22y-ears, Occ Business R/o. Kunavaram village Uppalaguptam Mandal East Godavari District, AP
2. .Akula Chinayappa S/o.Nageshwara Rao, Aged 2lyears, Occ Business R/o. Kunavaram village Uppalaguptam Mandal East Godavari District, AP
3. Sundaraneedi Naresh S/o.SrinivasaRao, Aged 2lyears, Occ Business R/o. Kunavaram village Uppalaguptam Mandal East Godavari District. AP
4. Sundaraneedi Sava Nagendra Nagendra S/o. SrinivasaRao, Aged 29years, Occ Business R/o. Kunavaram village Uppalaguptam Mandal East Godavari District, AP ...PETITIONER(S)
AND:
1. The State of Andhra Pradesh Station House Officer Amalapuram Taluk Police Station Amalapuram East Godavari District Rep.by public prosecutor, High Court, Amaravathi ...RESPONDENTS Counsel for the Petitioner(s): YASWANTH GADE Counsel for the Respondents: PUBLIC PROSECUTOR (AP)
The Court made the following: ORDER THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI CRIMINAL PETITION Nos.6136, 6149 & 6138 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:
Crime No.126 of 2022 of Amalapuram Taluq Police Station, East Godavari District, registered for the offences punishable under Sections 143, 144, 147, 148, 151, 152, 155 452, 436, 353, 332, 427, 188 and 307 read with 149 of the Indian Penal Code 1908 (‘IPC’ in short) and Sections 3 and 4 of the Prevention of Damage to the Public Properties Act and Sections 3(2)(v) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (PoA) Act, Amendment Act, 2015 (01/2016).
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.
Crime No.140 of 2022 of Amalapuram Town Police Station, East Godavari District, registered for the offences punishable under Sections 341, 143, 144, 147, 148, 151, 336, 435, 188 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 all the Criminal Petitions are one and the same and the petitions arise out of the ‘Konaseema’ incident, they are heard together and are being 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 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 of the Sub-Inspector of Police, Amalapuram Taluq Police station, the Village Revenue Officer of 1st and
30th Ward, Amalapuram and the Driver of RTC Depot, Amalapuram, respectively, the above crimes were registered.
3. Heard Sri G. Yaswanth, learned counsel for the petitioners and Sri Soora Venkata Sainath, learned Special Assistant Public Prosecutor for the respondent-State.
4. In Criminal Petition No.6136 of 2022, though notice is required to be served on the victim as per the Scheduled Castes and the Scheduled Tribes (PoA) Act, Amendment Act, 2015, since notice on the same victim was served in several other Criminal Petitions in this crime as well as in other crimes, arisen out of the same incident, no prejudice would be caused to the victim, if no notice is served in this Criminal Petition.
5. 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 A
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