Mahender Akula v. The State Of Telangana

THE HON'BLE DR.JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.10424 OF 2018 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioners/A.1 to A.3, for grant of bail in Crime No.321 of 2018 of Mancherial Town Police Station, Ramagundam District, registered for the offences punishable under Sections 379, 352, 323, 290 read with Section 506 read with Section 34 of IPC read with Section 3(1)(s) of SCs & STs (Prevention of Atrocities) Act, 1989 (for short 'the Act').

2.

Heard the learned counsel for the petitioners/A.1 to A.3 and the learned Additional Public Prosecutor representing the respondent-State and perused the record.

3.

The learned counsel for the petitioners/A.1 to A.3 would submit that there are no ingredients of offences alleged against the petitioners/A.1 to A.3. They are innocent persons and falsely implicated in this case.

4.

The learned Additional Public Prosecutor opposed the grant of bail to the petitioners/A.1 to A.3 and contended that provisions of SCs & STs Act are applicable. There are allegations constituting those offences. There is statutory bar to grant bail and prayed to dismiss the appeal.

5.

The material placed on record reveals that there are allegations constituting the offences alleged under Sections 379, 352, 323, 290 read with Section 506 read with Section 34 of IPC read with Section 3(1)(s) of the Act. In view of the statutory bar and also the specific grave allegations constituting the offences under the Act, it is not a fit case to allow the petition.

6.

Hence, the Criminal Petition is dismissed.

Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.

____________________________ DR. SHAMEEM AKTHER, J Date: 24.10.2018 ssp