Allowed

Marriswamy at Talari Marriswamy v. State of A.P.

Andhra Pradesh HC2 Feb 2022CRLP/149/2022

Case brief

AI extract

What is this about?

In Criminal Petition No.149 of 2022, Justice D. Ramesh granted regular bail to multiple petitioners facing charges under the SC/ST PoA Act and IPC for alleged unlawful assembly. The court allowed the bail application upon execution of self-bond and sureties.

What did the court decide?

Bail granted to petitioners on self-bond of Rs.20,000/- each with two sureties for a like sum each to the satisfaction of the Special Judge.

Marriswamy at Talari Marriswamy Vs State of A.P. — Caste Atrocities | Andhra Pradesh HC (2022)

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THE HONOURABLE SRI JUSTICE D.RAMESH CRIMINAL PETITION NO.149 of 2022

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ORDER:-

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This petition is filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) seeking regular bail to the petitioners/A5 to A11, A13, A15, A18, A20, A22 to A25, A28, A38, A42, A45, A47 to A50 and A52 in connection with Crime No.307 of 2021 of Holagunda Police Station, Kurnool, registered for the offences punishable under Sections 147, 148, 427, 452, 323, 354, 307 and 506 read with 149 of the Indian Penal Code, 1860 and Sections 3(1)(r)(s) and 3(2)(b)(va) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989

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Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondent-State.

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The above crime against the petitioners is registered basing on the report lodged by the complainant with regard to the incident that took place on 20.12.2021 at about 11:30 A.M. wherein it is alleged that all the accused armed with deadly weapons formed into unlawful assembly and went to the house of the complainant with an intention to kill her by shouting to demolish iron sheds and insulted her modesty.

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Learned counsel for the petitioners submits that though grave allegations are made in the complaint, even according to the complainant, the incident took place on 20.12.2021 at about 11:30 A.M., but the report was given at 21:30 and that itself shows that the report is lodged only as afterthought. He submits that infact the

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complainant has filed two writ petitions against the Gram Panchayat and in the said writ petitions, this Court has directed the respondents therein not to demolish the property in dispute without following due process of law and in view of the said direction, Gram Panchayat has issued notices and after considering the reply of complainant, the authorities have demolished the building in the encroached area, which is in road margin. He submits that petitioners are nothing to do with the said demolition and apart from that basing on the said complaint, petitioners were arrested on 23.12.2021 and they are languishing in jail since then, as such petitioners’ case may be considered for grant of bail.

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Learned Assistant Public Prosecutor submits that 17 witnesses were examined and they have completed investigation and Police are about to file charge sheet.

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Considering the facts and circumstances of the case and the submissions made by learned counsel for the petitioners and the fact that investigation is completed, this Court deems it appropriate to grant bail to the petitioners.

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Accordingly, this Criminal Petition is allowed. The petitioners/ A5 to A11, A13, A15, A18, A20, A22 to A25, A28, A38, A42, A45, A47 to A50 and A52 shall be enlarged on bail in connection with Crime No.307 of 2021 of Holagunda Police Station, Kurnool on execution of self bond for Rs.20,000/- (Rupees twenty thousand only) each with two sureties for a like sum each to the satisfaction of the learned

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Special Judge for Trial of Cases under SCs and STs (POA) Act –cumVI Additional Sessions Judge, Kurnool.

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Consequently, miscellaneous applications pending, if any, shall stand closed.

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_____________________ JUSTICE D.RAMESH

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Date: 02.02.2022

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IKN

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