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High Court for State of TelanganaCRLP/122/2019dismissed

G. Sandeep Kumar Yadav And 5 Others v. State Of Telangana

2019-01-22Shameem Akther2 pages

THE HON'BLE DR.JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.122 OF 2019 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioners/accused, for grant of bail in Crime No.669 of 2018 of Panjagutta Police Station, Hyderabad, registered for the offences punishable under Section 509 of IPC and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (POA) Amendment Act, 2015.

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Heard the learned counsel for the petitioners/accused, the learned Additional Public Prosecutor representing the respondentState and perused the record. 3.

Learned counsel for the petitioners/accused would submit that this is a politically motivated report lodged by the de facto complainant. No alleged offence took place. This case is under investigation and ultimately, prayed to allow the petition. 4.

Learned Additional Public Prosecutor representing the respondent/State opposed the grant of bail to the petitioners/accused and ultimately, prayed to dismiss the petition. 5.

As per the report, dated 28.12.2018 lodged with the police, there are specific allegations against the petitioners/accused abusing the de facto complainant in the name of caste. There is a statutory bar to grant bail to the petitioners/accused for the cases registered under Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (POA) Amendment Act, 2015. Under these circumstances, this Court is not inclined to allow the petition.

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In the result, the Criminal Petition is dismissed. ____________________________ DR. SHAMEEM AKTHER, J Date: 22.01.2019 ssp