Samadi. Venkaiah v. The State Of Andhra Pradesh

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH [Special Original Jurisdiction] TUESDAY THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND EIGHTEEN PRESENT Between:

Samadi Venkaiah ...

Petitioner/A-1 in Cr.No. 137 of 2017 of Buchireddypalem Police Station, SPSR Nellore district.

V/s.

The State of Telangana Represented by the Public Prosecutor High Court of Judicature for the State of Telangana & Andhra Pradesh, Through Station House Officer, Buchireddypalem Police Station, SPSR Nellore district.

...

Respondent/complainant Andhra Pradesh State.

Counsel for the Petitioner :

Sri Madhava Rao Nalluri Counsel for the Respondent :

Public Prosecutor [ AP ] The court made the following:

[order follows]

O R D E R :

This Criminal Petition is filed by the petitioner under section 438 Cr.P.C., seeking grant of anticipatory bail to the petitioner, who is A-1 in Crime No. 137 of 2017 of Buchireddypalem Police Station, SPSR Nellore district, registered for the offences punishable under section 354, 354-D, 506, 341, 448 read with section 34 of I.P.C. and section 3 [1] [w] [i], 3[2] [Va] of Scheduled Castes and Scheduled Tribes [Prevention of Atrocities] Act.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent/State and perused the record.

3. The case of the prosecution, which is reflected in the complaint, is that on 13/06/2016 at about 07:00 p.m., at Vavveru village, Buchireddypalem Mandal, SPSR Nellore district, when Sirisha Pujari, defacto-complainant along with her sister were going to natural

calls, A-1 and other accused restrained the defacto complainant, caught hold of her nighty and outraged the modesty of victim by tearing the blouse.

4. Hence, the nature of the allegations do not entitle the petitioner for grant of anticipatory bail. Even it is considered that the offence under the provisions of Scheduled Castes and Scheduled Tribes [Prevention of Atrocities] Act is not attracted, the allegations by themselves do not entitle the petitioner for grant of anticipatory bail.

5. In view of the above, this Criminal Petition is dismissed.

6. As a sequel, miscellaneous petitions if any, pending in this Criminal Petition shall stand closed.

_____________________ JUSTICE T. RAJANI.

30/01/2018 I s L

[ ANTICIPATORY BAIL :: DISMISSED ] Date: 30/01/2018 Circulation No.207 Court Master: I s L