Karre Krishnaiah , K. Krishna Reddy, v. The State Of Telangana

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.14746 OF 2016 ORDER:

Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor.

2.

The present Criminal Petition came to be filed by the petitioners/A.2, A.3 and A.4 under Section 438 Cr.P.C., seeking release in the event of their arrest in crime No.99 of 2016 of Tandur police station, Ranga Reddy District registered against them and another for the offence punishable under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the Act, 1989').

3.

The case of the prosecution is as under.

On 29.05.2016 at about 14.00 hours, the informant Harijan Yadagiri came to police station and lodged a report stating that he is a scheduled caste person and residing in 9th Ward, Saipur, Tandur. The accused persons wrongfully restrained him and his mother by erecting sticks on road, which is a public road, and thereafter abused them in filthy language touching their caste. Basing on these allegations the present case came to be registered.

4.

Learned counsel for the petitioners submits that the allegations made in the report are all false and invented for

the case. He submits that since the incident did not take place within public view, no offence under the provisions of the Act, 1989 is made out. Hence, he prays to consider the request of the petitioner for anticipatory bail. 5.

Learned Additional Public Prosecutor opposes the same. 6.

As seen from the remand report, in 9th ward, one Yashoda, w/o. Narasimhulu occupied municipal land and constructed a room. In this regard, the informant and his ward members gave a complaint against her. Pursuant thereto, the Municipal Commissioner ordered for demolition of the construction raised in the occupied land, and the room was demolished. On 29.05.2016 at about 8.00 AM, L.Ws.1 to 4 brought soil in a tractor and dumped on the road near the house of said Yashoda. While clearing the soil, the accused persons came there, asked the informant about dumping of the soil, became angry with the acts of L.Ws.1 to 4 and a quarrel is alleged to have ensued between them in which the movement of the informant and his mother were restrained.

7.

Having regard to the above circumstances, the petitioners shall surrender before the concerned Court within a period of two weeks from today and move an application for bail after giving prior notice to the Public Prosecutor concerned, in which event they shall be released on bail on

their executing a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) each with two sureties each for the like sum, to his satisfaction. Further, the petitioners shall report before the police station concerned once in a week i.e. on every Friday, for a period of 4 weeks. 8.

Accordingly, the Criminal Petition is disposed of. _______________________________ JUSTICE C. PRAVEEN KUMAR Date:06.10.2016 Pn/Amd/drk

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.14746 of 2016 06.10.2016 Pn/Amd/Drk