THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
CRIMINAL PETITION No.4950 OF 2022
ORDER:
The petitioners, A-21 and A-24, in Crime No.85 of 2022 of Pithapuram Rural Police Station, East Godavari District, filed this Criminal Petition under Section 438 of Criminal Procedure Code, seeking pre-arrest bail.
2. The above crime is registered for the offences punishable under Sections 307, 323, 427 r/w 34 IPC and under Sections 3(1)(r), 3(1)(s), 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short, 'SC and ST Act').
3. The case of the prosecution, in brief, is that on 30.04.2022 at about 01.00 A.M., about 150 persons belonging to Kapu community of Mallam Village, entered into Ambedkar Colony and quarreled with one Randa Satyanarayana and beat him with hands indiscrimately. On hearing, the complainant rushed to the spot and intervened and questioned about the issue, A-1 attacked him and beat with hands indiscrimately and abused him with caste. One of the members in mob pulled his testicles forcibly and the complainant sustained bleeding injuries. Complainant was taken to the Government General Hospital, Kakinada. Mob also attacked some houses and caused mischief due to the incident occurred in Jathara. Basing on the above incident, police registered the above crime on 30.04.2022 for the aforesaid offences. 2
4. Heard Sri T. Sai Surya, learned counsel for the petitioners and Sri Soora Venkata Sainath, learned Additional Public Prosecutor for the respondent-State.
5. Learned counsel for the petitioners would contend that no allegations are made against the petitioners, who are A-21 and A-24. Learned counsel would submit that petitioners filed Crl.P.No. 4127 of 2022 along with other accused. It was represented by learned public prosecutor that petitioners' names were not mentioned in FIR and hence counsel did not press the bail application. He also would submit that no specific overt acts were attributed against the petitioners. Since no specific allegation was made against the petitioners with regard to either utterances or involvement in the incident when the other accused beat the complainant, the provisions of the SC and ST Act would not attract for the petitioners, for which, he relied on the judgment of the Apex Court in Prathvi Raj Chauhan vs Union Of India1.
6. Learned Additional Public Prosecutor opposed the Criminal Petition and would contend that in view of the bar under Section 18 of the SC and ST Act, the present Criminal Petition seeking anticipatory bail under Section 438 Cr.P.C is not maintainable. Learned Additional Public Prosecutor also would contend that in the statements recorded under section 161 Cr.P.C, the witnesses spoke about the participation petitioners and their abusing complainant and others by touching caste. Therefore, he would submit that in view of the same, the Criminal Petition under Section 438 Cr.P.C is not maintainable. Learned Additional Public 1 (2020) 4 SCC 727 3 Prosecutor further submits that notice under Section 15A (3) of the SC and ST Act was served on the complainant on 14.07.2022.
7. A perusal of the complaint would indicate that nearly 150 persons belonged to one community attacked complainant. No specific overt acts were attributed against the petitioners. Against A1, specific overt act was attributed. A perusal of Sec 161 Cr.P.C. statements also do not indicate the role of petitioners in commission of the offences alleged. According to the prosecution, A-1 kicked the complainant and also pulled the testicles of the complainant forcibly and on that skin was cut and one of the testicles came out and caused heavy bleeding injury. In the absence of specific allegation about commission of offence touching the caste, prima facie, petition filed under Sec 438 Cr.P.C. is maintainable. This court granted pre arrest bail to some of the accused in the same crime in Crl.P.No. 4127 of 2022 and 3775 of 2022.
8. Therefore, in view of the fact that nothing specific was attributed against the petitioners and material part of the investigation is completed, this Court is inclined to grant anticipatory bail to the petitioners, on the following conditions.
(i) The petitioners shall be released on bail in the event of their arrest in connection with Crime No.85 of 2022 of Pithapuram Rural Police Station, on their executing a self bond for Rs.50,000/- (Rupees fifty thousand only) each with two sureties for a like sum each to the satisfaction of the Station House Officer, Pithapuram Rural Police Station, East Godavari District;
(ii) The petitioners shall cooperate with the investigation; 4
(iii) The petitioners shall not directly or indirectly contact the complainant or any other witnesses under any circumstances and any such attempt shall be construed as an attempt at influencing the witnesses and shall not tamper the evidence;
9. Accordingly, the Criminal Petition is allowed.
10. The petitioners shall scrupulously comply with the above conditions and any infraction of the same will be viewed seriously and it also entails cancellation of bail.
11. It is made clear that this order does not, in any manner, limit or restrict the rights of the Police or the investigating agency from further investigation as per law and the finding in this order be construed as expression of opinion only for the limited purpose of considering the anticipatory bail in the above crime and shall not have any bearing in any other proceedings.
Miscellaneous applications, pending if any, shall stand closed.
________________________ JUSTICE SUBBA REDDY SATTI 29th July, 2022 AKN 5 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CRIMINAL PETITION No.4950 of 2022 Date: 29-07-2022 AKN