Jain Uday Kumar v. The State Of Telangana

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.3397 of 2015 ORDER:

The petitioner, who is the sole accused in Cr.No.54 of 2015 of Sadasivpet Police Station, Medak District filed the present application under Section 438 Cr.P.C. seeking release in the event of his arrest in connection with the above crime registered for the offences punishable under Sections 3(1) (x) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The case of the prosecution is that on 27-01-2015 after noon the informant who is the sarpanch of the village received information that a fire accident occurred at the house of one Amradi Shanthappa in which house hold articles, and kirana articles and two quintals of cotton got burnt. One Singoor Shamaiah is said to be responsible for the incident. On 28-01-2015, while the informant called Shamaiah to grampanchayath office and while he was discussing the matter, the accused is alleged to have caught hold of the informant and abused the informant by touching his caste. The said incident, which took place in Grampanchayath office was seen by Kalpagoori Prabhu and Palle Jagadeeshwar. Basing on these allegations, the above report came to be lodged.

Heard learned counsel for the petitioner and learned Public Prosecutor representing the State.

A perusal of the averments in the report shows that the incident is alleged to have taken place at Grampanchayath office and in the presence of third persons. Further the averments in the report disclose that the alleged abuses were made with an intention to abuse a member of scheduled caste.

In view of the above, I am not inclined to grant anticipatory bail. However, the petitioner, if so, advised shall surrender before the

concerned Court and move an application for bail after giving notice to the Public Prosecutor, in which event, the same shall be dealt with in accordance with law on the same day. Accordingly, the Criminal Petition is disposed of.

As a sequel thereto, Miscellaneous Petitions, if any, pending shall stand closed.

_________________________ JUSTICE C. PRAVEEN KUMAR 28-04-2015 nvl