Gollamarri Kaspa Reddy v. The State Of Telangana

SMT JUSTICE T.RAJANI CRIMINAL PETITION No.2621 OF 2018 ORDER:

This Criminal Petition is filed seeking for grant of anticipatory bail to the petitioner, who is the sole accused, in Crime No.19 of 2018 on the file of the Station House Officer, Geesugonda Police Station, Warangal Commissionerate. The offences alleged are under Sections 447 and 506 of I.P.C. and Sections 3(1)(r)(s) and 3(2)(Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. 2.

Heard the learned counsel for the petitioner, learned Public Prosecutor appearing for the respondent-State, and perused the record. 3.

The case of the prosecution is that, the petitioner went to the land of the de-facto complainant and abused him in filthy language, touching his caste name. Though the genesis of the case seems to be a civil dispute, the fact remains that the petitioner abused the de-facto complainant, touching his caste name. Hence, Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 does not permit grant of anticipatory bail as, prima-facie, the allegations constituting the offences under the Act of 1989 are evident. 4.

Hence, in the above circumstances and considering the nature of allegations, this Court is not inclined to grant anticipatory bail to the petitioner. However, the petitioner/accused No.1 is at liberty to surrender the before the lower Court having jurisdiction and obtain regular bail. The lower Court shall dispose of the bail application expeditiously, on merits, preferably on the same day, subject to pressure of other work.

5.

Accordingly, with the above observation, the Criminal Petition is dismissed.

As a sequel, the miscellaneous applications, if any pending, shall stand dismissed.

______________________ T. RAJANI, J Date: 09.03.2018.

Dsh

SMT JUSTICE T.RAJANI 12032018 CRIMINAL PETITION No. 2621 OF 2018 Date. 09.03.2018 DSH