Boya Mallikarjuna , J.Mallikarjuna v. The State Of Andhra Pradesh

HON'BLE Dr. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.12084 OF 2017 ORDER:

This Criminal Petition is filed by the petitioners/A.1, A.2, A.5, A.7 to A.12, A.14, A.15, A.17 and A.18 under Section 439 of Cr.P.C. for grant of bail to them in Crime No.68 of 2017 of Adoni Taluq Police Station, Kurnool District, registered for the offences punishable under Sections 147, 148, 354, 324, 326, 506 read with 149 I.P.C. and Section 3(1)(r)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

2.

Heard the learned counsel for the petitioners/accused and learned Additional Public Prosecutor, and perused the record. 3.

The learned counsel for the petitioners/accused would submit that the petitioners are innocent persons and they are falsely implicated in this case. On the other hand, the de facto complainant and the other persons attacked the petitioners, caused injuries and they have lodged a report to the police and a crime is registered against them. 4.

The learned Additional Public Prosecutor opposed for grant of bail to the petitioners/accused stating that LWs 1 to 7 suffered simple injuries and LW8 suffered grievous injuries. The investigation is in progress and ultimately prayed to dismiss the application. 5.

In view of the submissions made by the learned counsel for both the sides, the point for determination is - whether the petitioners/ A.1, A.2, A.5, A.7 to A.12, A.14, A.15, A.17 and A.18 are entitled for bail at this stage?

6.

The material placed on record reveals that on 01.10.2017 at 8.00 p.m., the petitioners/accused along with other accused formed

themselves into an unlawful assembly, armed with stones, sticks and iron rods, entered into the SC colony and abused them in the name of their caste. The petitioners/A.1 and A.2 and accused No.3 trespassed into the house of the de facto complainant and thereafter dragged her outside. The petitioners/accused have caused simple injuries to LWs 1 to 7 and grievous injuries to LW8. The passions are very high in the village. Investigation is in progress. The allegations are grave. There are also allegations of abusing the de facto complainant and others in the name of their caste. Under these circumstances, the petitioners/A.1, A.2, A.5, A.7 to A.12, A.14, A.15, A.17 and A.18 are not entitled for bail at this stage. 7.

Accordingly, the Criminal Petition is dismissed. _________________________ Dr. SHAMEEM AKTHER, J Date: 14-12-2017.

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