Justice Raja Elango dismissed a criminal petition for anticipatory bail under Section 438 CrPC. The court held the petition was not maintainable, considering the nature of the offence involving alleged caste atrocities against a school principal.
Criminal Petition No. 8021 of 2016 was dismissed as not maintainable.
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THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8021 of 2016
ORDER:
This criminal petition, under Section 438 of the Code of Criminal Procedure, is filed by the petitioners/A-1, A-2, A-4 & A-5 seeking to grant bail in Crime No.171 of 2016, on the file of Inthezargunj Police Station, Warangal District, registered for the offences punishable under Sections 323, 506, 427 read with 34 IPC and Section 3(i)(s) of the SCs & STs (POA) Amendment Act, 2015.
Heard and perused the material available on record.
The allegation against the petitioners is that on 27.05.2016, the de facto complainant gave a report in the police station alleging that at about 7.16 pm, when herself and her husband were proceeding towards their school situated at L.B. Nagar, Narsampet Road, they saw A-1 to A-5 demolishing their school and when they questioned, all the accused abused them in the name of caste and beat them and threatened to kill them and caused damage to the computers, furniture etc., worth of Rs.10,00,000/-.
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: 16th June, 2016 KL
2 issues framed by the court
Whether a bail petition under Section 438 CrPC is maintainable given the nature of the offence involving scheduled caste atrocities.
Whether the petitioners are entitled to anticipatory bail in a case alleging demolition of a school and caste-based abuse.
3 provisions across 3 enactments
A-1, A-2, A-4 & A-5
State
RAJA ELANGO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
