Mohammed Hakeem , Irfan v. The State Of Telangana

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.401 of 2017 ORDER:

This Criminal Petition under Sections 438 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), is filed to enlarge the petitioners in the event of arrest in connection with Crime No.3 of 2017 of Adilabad II Town PS., Adilabad District, registered for the offences punishable under Sections 324, 448 r/w 34 IPC and Section 3 (1) (s) of SCs and STs (POA) Amendment Act, 2015, apprehending arrest.

It is the case of the prosecution that Dheekonda Rajude facto complainant and others while removing flexies in the village, all the petitioners i.e., Mohammed Hakeem, Md. Rafeek, Salman, Aleem, Amjad and Habbeb, came there and abused them in filthy language and despite it, the de facto complainant and others were removing the flexies, all of them came there with sticks and beat them, as a result of which, the de facto complainant received bleeding injury on the left side of the head and in the meanwhile, brother of the de facto complainant came and questioned them as to why they are beating his brother, all of them abused his brother by raising his caste name and beat him with sticks and bricks and he also received bleeding injuries in the incident.

The main contention of the learned counsel for petitioners is that presence of the brother of de facto complainant at the scene of offence is doubtful and that the complaint is bereft of details as to who abused the brother of the de facto complainant and caused

injuries on the body of de facto complainant and his brother and thereby the complaint was lodged due to political rivalry in the village and when there is no prima facie material against the petitioners, the petitioners are entitled to be released on pre-arrest bail.

Whereas the learned Public Prosecutor for the State of Telangana contended that during the course of investigation, the investigating agency examined the witnesses and all the witnesses in one voice stated about the incident, more particularly, causing injuries and abusing brother of the de facto complainant raising his caste name, which attracts an offence punishable under Section 3 (1) (s) of SCs and STs(POA) Amendment Act, 2015. No doubt, the allegations made in the Complaint dt. 3.01.

2017 is clear that several persons, stated above, abused the de facto complainant while he along with others were removing flexies in the village and all of a sudden, they beat him with sticks, caused bleeding injury on the left side of the head and at the same time, his brother came and questioned them, he was abused by them by raising his caste name at the scene of offence and it is not his case that all of them abused but all of them beat when five persons were present, it is difficult for any one to say that who abused by raising his caste name in the public place and therefore, failure to disclose the details in the FIR is not a ground to exculpate the petitioners in the said crime.

whereas the petitioners belong to different religion i.e., Muslims and causing injuries and abusing them by raising caste name is also an offence punishable under Section 3 (1) (s) (V) of SCs and STs (POA) Act, but fortunately, the Police registered a crime against the petitioners for the offence under Section 3 (1) (s) of SCs and STs (POA) Act and when the allegations made in the complaint are supported by the witnesses by name Chowhan Bapurao, Alisetty Alishetti Raju and A. Raju and others. Therefore, there is a clear bar under the provisions of SCs and STs (POA) Act and in view of the bar, considering the allegations made in the complaint, I find that it is not a fit case to enlarge the petitioners on bail and that apart, there is prima facie material against these petitioners including the statement of the witnesses recorded by Police under Section 161 Cr.P.C. Therefore, the petitioners are not entitled to be released on pre-arrest bail.

In the result, this Criminal Petition is dismissed. Miscellaneous petitions, if any, pending in this criminal petition, shall stand closed.

___________________________________ M. SATYANARAYANA MURTHY, J Date:27.01.2017 eha

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.401 of 2017 Dt.27-01-2017 eha