The single-judge court dismissed a criminal petition under Section 438 CrPC seeking anticipatory bail for an alleged offence under the Prevention of Atrocities Act. The judge held the petition was not maintainable due to the nature of the offence.
Anticipatory bail petition dismissed as not maintainable.
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THE HON’BLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No.7519 of 2016
ORDER:
This criminal petition, under Section 438 of the Code of Criminal Procedure, is filed by the petitioner/accused seeking to grant bail in Crime No.37 of 2012 on the file of Kanchanbagh Police Station, Hyderabad, registered for the offence punishable under Section 3(1)(x) of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act.
Heard and perused the material available on record.
The allegation against the petitioner is that on 08.02.2012, when the de facto complainant, working as Driver in Midhani Depot, APSRTC, went to Midhani Depot for reporting time and requested the petitioner to send him on day out duty instead of night out duty, on that the petitioner abused him in his caste name.
The learned Additional Public Prosecutor opposed this petition and submitted that in view of the nature of the offence, this petition for anticipatory bail is not maintainable.
Considering the facts and circumstances of the case and the submissions made by the learned Additional Public Prosecutor and in view of the nature of the offence, this Court is of the view that this petition is not maintainable.
Accordingly, the Criminal Petition is dismissed.
RAJA ELANGO, J
Date: 10th June, 2016 KL
2 issues framed by the court
Whether an anticipatory bail petition under Section 438 CrPC is maintainable in a case involving an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act?
Whether the nature of the offence precludes the grant of anticipatory bail?
2 provisions across 2 enactments
Petitioner/Accused
State/Additional Public Prosecutor
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
