Andhra Pradesh High Court - Amravati
Duvva Sesha Babji vs The State Of Andhra Pradesh on 20 January, 2021
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI WEDNESDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY ONE : PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO: 100 OF 2021 BETWEEN: L. Duvva Sesha Babji S/o.Lakshman Swami, (Al) -- aged 62 yrs, C/B.C., CPI (M) District Party Leader, R/o.D.No.10.169/1, Indrapalem, Kakinada Rural, KammidiSatyaSrinivas S/o.Narayana Murthy,(A2) aged 53 yrs, C/S.C.,Mala, CPI (M) District Party Secretary, R/o.SundarayyaBhavan, Kacheripeta,K.akinada. . Mortha Raja Sekhar S/o.Samuel, (A3)~ aged 56 yrs, C/SC-Mala, CPI (M) Party District Party Member, R/o.D.No.24.8.22, Near Old Bus Stand, Kacheripeta, Kakinada. Madina Ganga Suribabu $/o.Satyanarayana, (A124) Aged 23 yrs, MBA Student, C/Perika, President of Student Federation of India (SFI), R/o.DANo.24.1.12, Kacheripeta, Kakinada uthum Janardhan S/o. Appalaswamy, (A5) -- _ Wged 47 years, o. KE Chinayyapalem Village, Kotananduru Mandal Godavari District. ugatha Bangarraju S/o. Vasanthayya (A6) -- Aged 58 years, R/o. D.No.6-160, Nagavamsampeta, Lingamparthi Village, . Yeleswaram Mandal, East Godavari District. | Nemala Srinu@lovaSathibabu , S/o Abbai (A17) Age 30 Years, C/Yadava, R/o. Thatiyakulapalem Village, ThondangiMandal. East Godavari District. KummariSatyanayana, S/o. Pamparaju (A29) -- Age 37 Years, C/Yadava, : R/o. Pampadipeta Village, ThondangiMandal, East Godavari District. KukkaSatyanarayana, S/o Pamparaju (A31) -- Age 38 Years, C/Yadava, " 2-- R/o. Pampadipeta Village, ThondangiMandal, East Godavari District. 10. AmbujalapuKonda @ Appalakonda, S/o PedaApparao (A37) <7 Age 56 Years, C/Yadava, R/o. Pampadipeta Village, ThondangiMandal, East Godavari District. 11.GampalaKondababu @ Krishna, S/o Polarao, (A44)_--- Age 41 Years, C/Yadava, R/o. Pampadipeta Village, ThondangiMandal, East Godavari District. 12. NemalaNagu @ Naga Durgarao, S/o Veerababu, (A45)-~ Age 28 Years, C/Yadava, R/o. Pampadipeta Village, ThondangiMandal, East Godavari District. 13. BathulaJhon, S/o Nagaiah @ Nagaraju, (A63) -- - Age 45 Years, C/Y adava, R/o. Kottapakala Village, ThondangiMandal, East Godavari District. 14.GudalaSekhar, S/o Arjun, (A71) a Age 36 Years, C/ SC Mala, R/o. Kottapakala Village, ThondangiMandal, East Godavari District. 15. BathulaSatyanarayana, S/oNarayudu (A75) -- Age 55 Years, C/ SC Mala, R/o. Kothapakalu Village, Thondangi Mandal, East Godavari District. 16.Usa Ravi PrakashVarma, @ Varma S/o PedaArjanna, . (A83) Age 37 Years, C/ SC Mala, , R/o. Kothapakalu Village, Thondangi Mandal, East Godavari District. 17.BathulaLovaRaju S/o Nookaraju, (A85) - a Age 28 Years, C/ SC Mala, R/o. Kothapakalu Village, Thondangi Mandal, East Godavari District. 18. Sivakoti Arjanna @ Arjunarao S/o. Pakeer Aged 55 years, R/o. Kothapakala village, Thondangi Mandal East Godavari District. 19. Nemala Lovaraju S/o. Rajulu Aged 48 years, R/o. Pampadipeta Village, Thondangi Mandal East Godavari District. YS 3S 90. Yadala Srinu @ Srinubabu S/o. Nagaraju Aged 28 years, R/o. Pampadipeta Village, Thondangi Mandal, East Godavari District. 21.Baddi Babu @ Pirla Srinu, S/o. Kondababu Aged 22 years, R/o. Pampadipeta Village, Thondangi Mandal, East Godavari District. 22. Peketi Satyanarayana S/o. Nookaraju Aged 38 years, R/o. Pampadipeta Village, Thondangi Mandal, East Godavari District. 93, Kukka Rajababu S/o. Kamaraju Aged 33 years, R/o. Pampadipeta Village, Thondangi Mandal, East Godavari District. 24. Nemala Krishna @ Siva Krishna S/o. Veera babu Aged 20 years R/o. Pampadipeta Village, Thondangi Mandal, East Godavari District. 25.Polnati Prasad S/o. Lovaraju Aged 20 years, R/o. Kothapakala Village, Thondangi Mandal, East Godavari District. 26. Nemala Prasad S/o. Suryarao Aged 19 years, R/o. Pampadipeta Village, Thondangi Mandal, East Godavari District. 27.Bathula Nagal Lakshmi W/o. Sahadevudu (A158) Aged 30 years, Occ: House wife R/o. Kothapakalu Village, Thondangi Mandal, East Godavari District. 98, Nemala Satyanarayana S/o. Tatabbal, (Al 60) Aged 45 years, R/o. Pampadipeta, Thondangi Village, Thondangi Mandal, East Godavari District. 29, Ambujalapu Dandu Babu S/o. Peda Apparao (A161) Aged 45 years, R/o. Pampadipeta Village, Thondangi Mandal, East Godavari District. 30. Matcharla Satyanarayana @Nagasatyanarayana S/o. Satyanarayana (A162) Aged 32 years, R/o. Thatikayulapalem Village, Thondangi Mandal, East Godavari District. M4 31.Baddi Varahalarao S/o. Konda (A164) Aged 22 years, R/o. Thatikayulapalem Village, Thondangi Mandal, East Godavari District. 32. Sanni Sathibabu S/o. Apparao (A165) Aged 40 years, R/o. Thatikayulapalem Village, Thondangi Mandal, East Godavari District. 33. Amnujalapu Polarao S/o. Ramaswami (A166) Aged 50 years, R/o. Thatikayulapalem Village, Thondangi Mandal, East Godavari District. 34. Palla Prakasarao @ Prakash S/o. China Raghavulu (A167) Aged 26 years R/o. Kothapakala Village, Thondangi Mandal East Godavari District. 35. Matla Srinivasarao S/o. Subbarao (A168) Aged 21 years, R/o. Pampadipeta Village, Thondangi Mandal East Godavari District. 36. Thalapanti Govindarao S/o. Apparao (A169) ' Aged 27 years, R/o. D.No.1.1, Pampadipeta, Thondangi Mandal East Godavari District. ' _ PETITIONERS/ACCUSED No. 1 2, 3, 124, 5, 6, 17,29,31,37,44,45,63,7 1,75,83, 85, 87, 108, 117, 120, 128, 140, 148, 170, 171, 158, 160, 161, 162, 164, 165, 166, 167, 168 & 169 AND The State of Andhra Pradesh Rep. by its Public Prosecutor High Court of Amaravathi ... RESPONDENT/COMPLAINANT Petition under Sections437 & 439 of Cr.P.C, praying that in the circumstances stated in the grounds filed 'in Criminal Petition, the High Court may be pleased to enlarge the Petitioners/Accused No.1 2, 3, 124, 5, 6, 17,29 ,31,37,44,45,63,71,75,83, 85, 158, 160, 161, 162, 164, 165, 166, 167, 168 and 169 on bail in Cr.No.378 of 2020 on the file of Thondangi Police Station, East Godavari District for the alleged offence u/s 341, 307, 452, 427, 436, 354, 353, 323, 188, 147, 148 r/w. 149 of Indian Penal Code The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of SRI ARUN SHOWRI GORREMUCHU Advocate for the Petitioners, and of PUBLIC PROSECUTOR, for the Respondents, the Court made the following. ORDER:
vo THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.100 of 2021 ORDER:
This petition is filed under Section 437 & 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioners in connection with Crime No.378 of 2020 on the file of Thondangi Police Station, East Godavari District, wherein the petitioners are alleged to have committed the offences punishable under Section 341, 307, 452, 427, 436, 354, 353, 323, 188, 147, 148 r/w 149 of Indian Penal Code 1860 (for short "IPC").
2. The case of the prosecution is that on 17.12.2020 at about 12.30 p.m. the petitioners along with other accused have formed themselves into an unlawful assembly armed with sticks, crowbars and iron rods in front of Divi's company work site situated within the limits of Kothapakalu village, Thondangi Mandal and trespassed into the company site by making holes to the compound wall and set fire to the Generator and also assaulted the company workers and damaged the property worth Rs.2 crores. Basing on the company given by the Security Officer of the company, the present crime was registered.
3. Heard the learned counsel for the petitioners and learned Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioners would submit that the petitioners never committed any offence and they were making the protests in a peaceful manner against establishment of Divi's company in view of emission of air and water pollution in the vicinity, but the company management in collusion with police ZL falsely implicated the petitioners in this case. He submits that there is no explanation in the complaint as to how the Security Officer of the company is able to give the names of the petitioners, which throws a reasonable doubt about the presence of the petitioners at the time of alleged incident. He submits that the Court below has already granted bail to A-5 and A-6 in Crl.M.P.No.1 of 2021 by order dated 08.01.2021.
5. On the other hand, learned Public Prosecutor submits that the investigation is in progress and if the petitioners are enlarged on bail, there is every possibility of committing similar offence.
6. Having heard the learned counsel for the petitioners and the 'learned Public Prosecutor and on perusal of the record, prima facie, no specific overt acts are attributed to each of the petitioner and the remand report reveals that since 18.12.2020 the petitioners are in judicial custody and the Court below has already granted bail to A-5 and A-6 by order dated 08.01.2021 and as these petitioners also stand on the similar footing, this Court deems it appropriate to grant regular bail to the petitioners on certain conditions.
7. In the result, the criminal petition is allowed and the petitioners shall be enlarged on bail in connection with Crime No.378 of 2020 on the file of Thondangi Police Station, East Godavari District, on executing each a bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties each for a likesum to the satisfaction of learned Additional Judicial Magistrate of First Class, Tuni, East Godavari District. On such release, the petitioners shall appear before the Station House Officer, Thondangi Police Station on every Wednesday and Sunday between 10.00 a.m. and 1.00 p.m. until further orders. The petitioners shall cooperate with investigating agency and shall not interfere with the witnesses and shall not commit any similar offence.
As ase i i quel, all the pending miscellaneous applications shall stand closed.
SpI-M.SURYANA ASSISTANT TRUE COPY!! For ASSISTAN To,
4. The Xil Additional Sessions Judge, Pithapuram.
2. The Judicial Magistrate First Class Magistrate, Tuni, East Godavari District
3. The Superintendent, Sub Jail, Kakinada
4. The Superintendent, Central Jail, Rajahmundry
5. The Station House Officer, Thondangi Police Station, East Godavari District g. One CC to SRI ARUN SHOWRI GORREMUCHU Advocate fOPUC] \ 7. Two CCs to PUBLIC PROSECUTOR, High Court of AP [OUT]
8. One spare copy
- HIGH COURT LKJ DATED:20/01/2021 ORDER CRLP.No.100 of 2021 ALLOWED 2? JAN?
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