Andhra Pradesh High Court - Amravati
Kanda Swamy vs The State Of Andhra Pradesh on 29 July, 2022
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
CRIMINAL PETITION No.4155 OF 2022
ORDER:
The petitioners, A-1, A-13, A-14, A-15, A-16, A-18, A-21 and A-22,
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.
4. Heard Sri K. B. Ramanna Dora, learned counsel for the petitioners
and Sri Soora Venkata Sainath, learned Additional Public Prosecutor for
the respondent-State.
During the course of hearing, learned counsel for the petitioners
seeks permission to withdraw the Criminal Petition against A-1.
Therefore, insofar as the 1st petitioner, who is A-1, is concerned,
the Criminal Petition is dismissed.
5. Learned counsel for the petitioners would contend 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
(2020) 4 SCC 727
Prosecutor further submits that notice under Section 15A (3) of the SC
and ST Act was served on the complainant on 15.07.2022.
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, who are A-13, A-14, A-15, A-16, A-18, A-21 and A-
22, 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;
(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. Resultantly, as noticed supra, the Criminal Petition insofar as the 1st
petitioner, who is A-1, is concerned, the Criminal Petition is dismissed.
The Criminal Petition insofar as the other petitioners, who are A-13, A-14,
A-15, A-16, A-18, A-21 and A-22, is concerned, 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
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
CRIMINAL PETITION No.4155 of 2022
Date: 29-07-2022
AKN
