Peddi Satyanarayana v. The State Of Telangana
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY , THE SECOND DAY OF JANUARY TWO THOUSAND AND EIGHTEEN :PRESENT:
THE HON'BLE DR JUSTICE SHAMEEM AKTHER CRLP .NO:12477 of 2017 Between:
Peddi Satyanarayana S/o. P. Rajesham ..... Petitioner(s) AND The State of Telangana Through Police Station, Balanagar, Ranga Reddy District, Rep. by its Public Prosecutor, High Court of Judicature at Hyderabad, For the State of Telangana & A.P. .....Respondent(s) Petition under Section 438 of Cr.P.C praying that the High Court may be pleased to enlarge the petitioner on bail in FIR in Crime No. 100/2011 dt : 05.03.2011 on the file of P.S., Balanagar, Cyberabad in the event of his arrest in the above Crime..
The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of SRI VENKATESHWAR VARANASI Advocate for the Petitioner, The Public Prosecutor for the Respondent and the Court made the following. This Criminal Petition is filed under Section 438 Cr.P.C. to grant anticipatory bail to the petitioner-accused in crime No.100 of 2011 of Balanagar police station, Cyberabad registered for the offences punishable under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2.
Heard learned counsel for the petitioneraccused, the learned Additional Public Prosecutor representing the State and perused the record. 3.
Learned counsel for the petitioner-accused would submit that the petitioner-accused is falsely implicated in this case; that in fact, the defacto complainant abused the petitioner-accused, for which he lodged report with police concerned immediately on that day, but police did not take any action thereon; that the
petitioner-accused did not abuse the defacto complainant and his wife, and ultimately, he prays to allow the Criminal Petition.
4.
On the other hand, the learned Additional Public Prosecutor opposed the grant of bail to the petitioneraccused. 5.
The material on record reveals that one D.Narsimha lodged a report before police on 05.03.2011 alleging that at about 10.00 PM on 04.03.2011, the petitioner-accused celebrated birthday of his grand daughter at Soubhagyanagar Society Office building, and on 05.03.2011 at about 8.00 AM, there was a lot of garbage in the building, so, the defacto complainant, who was Sweeper, asked the petitioner-accused to pay him Rs.20/- for tiffin, and on that, the petitioner-accused abused the defacto complainant and his wife in the name of caste. On these allegations, the case is registered and under investigation.
6.
As per the First Information Report, the offence allegedly took place on 05.03.2011 at about 8.00 AM. There is no mention of eye-witnesses in the report. As per the report dated 05.03.2011, the offence is alleged to have taken place in Soubhagyanagar Society Office building. There is no specific mention of abusing in the name of caste in public view. Whether the allegations constitute the offence punishable under Section 3 (1) (x) of the Act, 1989 or not, can only be determined after due trial. It cannot be said that there is no false implication in this case for the offence punishable under Section 3 (1) (x) of the Act, 1989. Having regard to the nature of allegations and investigation conducted so far, the petitioner can be enlarged on bail under Section 438 Cr.P.C.
7.
In the result, the petitioner is directed to surrender before the Station House Officer, Balanagar Police Station within 15 days from the date of this order. On such surrender, the said S.H.O. shall release the petitioner-accused on bail, on the petitioner-accused executing a personal bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the like sum to his satisfaction. On release, the petitioner-accused shall abide by the conditions mentioned under Section 438 (2) Cr.P.C. He shall co-operate with the Investigating Officer. He shall report before the S.H.O. concerned on every Saturday between 10.00 AM and 11.00 AM for a period of three months from today or till filing of charge sheet in the case, whichever is earlier.
8.
The Criminal Petition is, accordingly, allowed. ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To
1. The IXth Metropolitan Magistrate, Kukatpally at Cyberabad
2. The Station House Officer, Balanagar Police Station, Cyberabad
3. One CC to SRI VENKATESHWAR VARANASI, Advocate (OPUC)
4. Two CC's to Public Prosecutor, High Court of Judicature at Hyderabad (OUT)
5. One Spare copy Avs
HIGH COURT Dr SAJ DATED: 02.01.2018 CRLP NO. 12477 OF 2017 BAIL
Avs Dated: 04.01.2018 HIGH COURT Dr SAJ DATED: 02.01.2018 CRLP NO. 12477 OF 2017 BAIL