Kadam Thirupati v. The State Of Telangana

HON'BLE DR. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.10381 of 2018 ORDER:

This criminal petition is filed under Section 438 Cr.P.C. by the petitioners/ A1 to A5, seeking release in the event of their arrest in connection with Crime No.115 of 2018 on the file of Pothkapalli Police Station, Peddapalli District, registered for the offences punishable under Sections 447, 506, 290 r/ w 34 I.P.C. and 3(1)(g) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short 'the Act').

2.

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

3.

There is a prima facie accusation, within the meaning of Section 3(1)(s) and (r) of the Act, even so far as the allegation under Section 3(1)(g) application is doubtful from the fact that earlier to the report, the accused filed a civil suit for injunction and obtained temporary injunction against the de facto complainant and others. Once such is the case, though, this Court in Crl.P.No.9119 of 2018, dated 31.08.2018 in K.Srinivas@ Siva Swamy v. State of Andhra Pradesh observed that the amended provision 18-A by the amended Act, 2/ 2018, no way bars entitlement under Section 482 Cr.P.C. but for 438 Cr.P.C., where there are no ingredients to attract any of the penal provisions of the Act to

Dr. SSRB,J attract the bar under Section 18 of the Act to the anticipatory bail. Here, from the prima facie accusation, the Court cannot entertain the application even under Section 482 Cr.P.C. for the bar under Section 18 attracts so far as the offence under Section 3(1)(r) and (s) of the Act concerned of the alleged abuse touching the caste with an intent to insult in public view. However, none of the offences are punishable above seven years, thereby, Police strictly follow Section 41-A Cr.P.C as per the guidelines of the Apex Court in Arnesh Kumar v. State of Bihar 1. It is needless to say, the petitioners are at liberty if at all to surrender and move for regular bail to consider by the learned Special Judge after hearing the Special Public Prosecutor.

4.

Accordingly, the Criminal Petition is disposed of. 5.

Consequently, miscellaneous petitions, if any shall stand closed.

___________________________ JUSTICE Dr. B.SIVA SANKARA RAO Date:08.10.2018 Note:

Issue C.C. today.

B/ o.

pab 1 (2014 (2) ALT (Crl.) 457 SC)