Hon'ble Court dismissed the Criminal Petition under Section 438 Cr.P.C. for anticipatory bail. The Court held that there is a statutory bar to such bail under Section 18 of the S.C. & S.T. (P.O.A.) Act given the allegations of caste-based offences.
Anticipatory bail application dismissed; surrender and application for regular bail left open.
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HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.10228 of 2014
ORDER :
This Criminal Petition is filed under Section 438 Cr.P.C by petitioners/A1 to A6 in Crime No.84 of 2014 of Station House Officer, V.Kota Police Station, Chittoor District, registered against them for the offence punishable under Sections 324 and 307 r/w 34 I.P.C. and Section 3(i)(x) of S.C. & S.T. (P.O.A.) Act.
2. The alleged occurrence was dated 21.07.2014 at about 8.00 p.m. and the report is on 22.07.2014 at about 11.30 a.m. of the police station at a distance of half kilometre to the place of occurrence. The report of the de facto complainant-N.Sreenivasulu discloses that he is a resident of Harijanawada in Brahmin Street, V.Kota Village, Chittoor District and he is a singer by avocation, that on the previous night at about 8.00 p.m. when he was in the house, his friend, S.A.Subhan telephoned to him informing that their friend, Balaji was beating by the accused at V.Kota Sai Garden and immediately he rushed there along with another friend, Surendra babu to the said Sai Gardens and noticed the accused beating Balaji, when they tried to rescue the accused, abused him in filthy language in caste name by demeaning with an intent to humiliate in the public view questioning for their coming to rescue Balaji and while so abusing in the name of caste A5Khaleel and A6-Shajeeb, who armed with knives hacked him on the left stomach and right arm and A1 with sharp wooden plank stabbed at his stomach and he received bleeding injuries and besides Balaji and Surendra, the other persons gathered there by name, Srikanth, Prasad, Laxmipati, Rajesh, Prasad etc., rescued and shifted him to V.Kota Government Hospital, where after first aid, he was shifted to Kuppam P.E.S. Medical College in 108 ambulance for better treatment. Hence to take action.
3. A perusal of the report shows that Shirdi Sai Developers, a
partnership entity in real estate entered into agreement with the accused herein among others and pursuant to which there was a provision to provide right of passage in all roads formed in the total lay out unobstructively to the plot owners and there is also a civil suit against Panchayat and some of the purchasers including Balaji by villagers represented by four persons of Paipalle Village regarding right of passage by easement and there is also a writ petition No.33507 of 2013 filed by the accused and others against the District Collector, Shirdi Sai Developers and Panchayat of V.Kota and Krishna Sai Developers regarding making of any constructions in the area earmarked for roads in the approved lay out of the respective survey numbers and there was a direction to the Grampanchayat Secretary, to consider the representations submitted by the writ petitioners and pass appropriate orders. There is also a counter case on the report of Sk.Jafrulla (A1) against as many as six accused including Balaji (A2), Sreenivasulu(A5) and Subhan(A3), which is registered for the offences punishable under Sections 324, 323 r/w 34 I.P.C. in crime No.85 of 2014 for the same occurrence alleged at about 9 p.m. on 21.07.2014 and the report is on 22.07.2014 at 2 p.m. even showing the distance between police station to the occurrence is half kilometre. In fact the investigation of the case is in progress.
4. It is the contention of the learned counsel representing the de facto complainant-N.Sreenivasulu permitted to assist the prosecution under Section 24(8) proviso Cr.P.C. that said Sreenivasulu still undergoing treatment as in-patient for the said injuries reflected in his report registered as F.I.R and there is every likelihood of danger to the life of Sreenivasulu and others in the hands of accused even if it considered any concession of bail besides disentitlement to the concession of anticipatory bail from the bar under Section 18 of the S.C. & S.T. (P.O.A.) Act.
5. Learned Public Prosecutor also opposed the bail application from the investigation is in progress and there is law and order
problem.
6. From the report averments, there is bar to the grant of anticipatory bail under Section 18 of the S.C. & S.T. (P.O.A.) Act. It is left open if at all to surrender and move for regular bail to decide on merits.
7. Accordingly, the bail application is dismissed.
8. Miscellaneous petitions, if any, pending, shall stand closed.
_______________________ Dr. B. SIVA SANKARA RAO, J Date: 10-09-2014 pab
1 issue framed by the court
Whether anticipatory bail should be granted under Section 438 Cr.P.C. where the accused are implicated in offences under the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act.
5 provisions across 3 enactments
A1 to A6
N.Sreenivasulu
Dr. B. SIVA SANKARA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
