High Court for State of TelanganaCRLP/24728/2017dismissed

B Chandra Sekhar v. The State Of A.P

2018-01-24T. Rajani4 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH [Special Original Jurisdiction] WEDNESDAY THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND EIGHTEEN PRESENT CRIMINAL PETITION NO. 24728 OF 2017 Between:

B. Chandrasekhar Petitioner/Accused in Cr.No.122 of 2016 of III-Town Police Station, ... SPSR Nellore district V/s.

The State of Telangana Represented by the Public Prosecutor High Court of Judicature for the State of Telangana & Andhra Pradesh, Through Station House Officer, III-Town Police Station, SPSR Nellore district.

...

Respondent/complainant Counsel for the Petitioner :

Smt. M. Suguna Counsel for the Respondent :

Public Prosecutor [ A P ] The court made the following:

[order follows]

CRIMINAL PETITION NO. 24728 OF 2017 O R D E R :

This Criminal Petition is filed by the petitioner under section 438 of Cr.P.C., seeking grant of anticipatory bail to the petitioner, who is accused in Crime No. 122 of 2017 of III-Town Police Station, SPSR Nellore district, registered for the offences punishable under section 323, 355 of IPC and section 3 [1] [r] [s] of Scheduled Castes and Scheduled Tribes [Prevention of Atrocities] Act, 2015.

2. Heard the counsel for the petitioner and the learned Additional Public Prosecutor representing the respondent/State.

3. There is a categorical allegation against this petitioner, that he abused the defacto-complainant in his caste name. In such circumstances by virtue of the embargo under section 18 of the Act, anticipatory bail cannot be granted to the petitioner.

4. Hence, in view of the above, this Criminal Petition is dismissed. The Station House Officer, III-Town Police Station, SPSR

Nellore district, is directed to follow the guidelines laid down by the Hon'ble Supreme Court in ARNESH KUMAR V/s. STATE OF BIHAR AND ANR ., vide judgment dated 02/7/2014 passed in Criminal Appeal No. 12777 of 2014 { Special Leave Petition [CRL.] No. 9127 of 2013 }, before arresting the petitioner.

5. Hence, in view of the above, this Criminal Petition is dismissed.

6. As a sequel, miscellaneous petitions if any, pending in this Criminal Petition shall stand closed.

_____________________ JUSTICE T. RAJANI.

24/01/2018 I s L.

CRIMINAL PETITION NO. 24728 OF 2017 [ ANTICIPATORY BAIL : : DISMISSED] Date: 24/01/2018 Circulation No.

Court Master: I s L