Mutyala Venkata Chalam, v. The State Of A.P.,

HON'BLE SRI JUSTICE P NAVEEN RAO CRIMINAL PETITION NO. 16444 OF 2014 ORDER:

This criminal petition is filed under Section 438 of Cr.P.C by petitioners/accused nos.2 to 18 in Crime No.263 of 2014 of Jaggaiahpet Police station, Krishna district for the offences punishable under Sections 3(1)(x) of the Scheduled Casts/Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 447 and 427 of Indian Penal Code.

2. Heard the learned counsel for petitioners and learned Additional Public Prosecutor for respondent -State and perused the material placed on record.

3. Briefly stated the facts of the case are that petitioners are residents of Jaggayapeta town and allegation against them is that on 3.12.2014 at 1100 hrs when Karupati Dasu s/o Gopaiah-complainant was constructing a wall the accused rushed to the spot and along with others abused the complainant with filthy language in the name of caste. Based on the said complaint above crime was registered

4. Learned counsel for petitioners submitted that petitioners were falsely implicated into the crime and that petitioners were only trying to resolve the dispute amicably, while so, with malafide intention the de facto complainant intervened in the matter and lodged a false complaint.

5. Having regard to the above, the Criminal Petition is

disposed of by giving liberty to petitioners/accused 2 to 18 to surrender before the learned Special Judge concerned and move regular bail application after notice to the public prosecutor and in such an event the learned Judge concerned is required to consider on its own merits the application to grant bail preferably on the same day, if not, atleast on next day and subject to such conditions as may be necessary. _________________ P NAVEEN RAO, J 13th January 2015 mar