J.Durga Prasad vs The State Of Andhra Pradesh
2022 Latest Caselaw 7918 AP

     THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI

          CRIMINAL PETITION NO.6601 of 2022

ORDER:-

      This Criminal Petition is filed under Sections 438 of the

Code of Criminal Procedure, 1973 (for short "Cr.P.C."), by the

petitioner seeking pre-arrest bail.


2.    Crime No.138 of 2022 of Anakapalli Rural Police Station

is registered for the offences punishable under Sections 307,

323, 506 read with 34 IPC and Section 3(1)(r), 3(1)(s),

3(2)(va) of the Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act Amendment Act. The petitioner

herein was arrayed as A-5.


3.    The case of the prosecution in brief is that on

17.06.2022 at about 10.00 a.m., the complainant lodged a

complaint alleging that on 13.06.2022 at about 9.00 a.m.,

himself and his friends when leveling his land in an extent of

Ac.0.98 cents in survey No.191-1 of Golagam Village through

a rented JCB, A-1 to A-4 and petitioner/A-5 along with some

others   came    there   and   developed   quarrel   with   the

complainant and his associates by saying that the land

belongs to him and they abused in foul language by touching

their caste and A-1 squeezed the neck of the complainant with
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a view to kill him and all the accused threatened him and his

associates with dire consequences to kill them if they visit the

site in near and future. Hence, the police registered the

present crime.


4.    Heard Sri Bokka Satyanarayana, learned counsel for the

petitioner and Sri Venkata Sainath Soora, learned Special

Assistant Public Prosecutor for the respondent-state.

5. Learned counsel for the petitioner in elaboration to what

has been raised in the grounds contended that even the

allegations are taken on its face value, there are no

ingredients attracting the alleged offences against the

petitioner and basing on the omnibus allegations the

petitioner is apprehending arrest. Further contended that, A-1

in this case was already granted bail. Learned counsel further

contended that the complainant had taken advantage of his

caste foisted the present case to arm twist the petitioner and

further even the allegations are taken on their face value, it is

a civil dispute but it was given a criminal colour. As such,

prayed for grant of bail to the petitioner.

6. On the other hand, Sri Venkata Sainath Soora, learned

Special Assistant Public Prosecutor, would submit that a

petition seeking pre arrest bail is not maintainable and the

same is contrary to Section 18 of the S.Cs.&S.Ts.(PoA) Act

and hence the instant petition is liable to be dismissed on that

ground alone. Further submitted that, A-1 is released on

regular bail but not on anticipatory bail, the investigation is in

process and if the petitioner is granted pre arrest bail, he

would tamper the prosecution evidence and he would not

cooperate with the process of investigation. Hence, opposed

pre arrest bail to the petitioner and prayed to dismiss this

petition.

7. In reply to the contention of the learned Special

Assistant Public Prosecutor in relation to maintainability of pre

arrest bail application, the learned counsel for the petitioner

placed reliance on Prathvi Raj Chauhan v. Union of India1

and has drawn attention of this Court to Para-11 of the said

judgment, which is extracted hereunder:

"11. Concerning the applicability of provisions of Section 438 CrPC, it shall not apply to the cases under the 1989 Act. However, if the complaint does not make out a prima facie case for applicability of the provisions of the 1989 Act, the bar created by Sections 18 and 18-A(i) shall not apply. We have clarified this aspect while deciding the review petitions.."

. (2020) 4 SCC 727

and contended that the FIR in this case does not show prima

facie case against the petitioner for applicability of the

provisions of the S.Cs.&S.Ts.(PoA) Act, hence, the bar created

by Sections 18 and 18-A(i) of the Act does not apply to the

present facts of the case and hence this application is

maintainable.

8. On perusal of the record shows that the incident is

outcome of land dispute between the accused and the

complainant. Thus, as rightly contended by the learned

counsel for the petitioner, the complainant gave a criminal

colour to a civil dispute. The FIR does not make out a prima

facie case for applicability of the provisions of

S.Cs.&S.Ts.(PoA) Act and thus, this application filed for grant

of pre arrest bail is maintainable in light of the decision

referred to supra.

9. In view of the above, considering the facts of this case

and submissions made by the learned counsel for the

petitioner, this Court deems it appropriate to grant pre-arrest

bail to the petitioner by duly taking the apprehensions made

by the learned Special Assistant Public Prosecutor into

consideration with the following conditions:

(i) the petitioner shall be released on bail in the event of

his arrest in connection with Crime No.138 of 2022 of

Anakapalli Rural Police Station, Visakhapatnam District, on his

executing personal bond for Rs.25,000/- (Rupees twenty five

thousand only) with two sureties for likesum each to the

satisfaction of the Station House Officer, Anakapalli Rural

Police Station, Visakhapatnam District.

(ii) On release, the petitioner shall appear before the

Station House Officer, Anakapalli Rural Police Station, once in

a week i.e. on every Saturday in between 10.00 a.m. and

12.00 noon, till filing of the charge sheet;

(iii) The petitioner 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 of influencing the witnesses and he shall not tamper

the evidence and shall cooperate with the investigation.

Any infraction of the above conditions would entail

cancellation of bail and the prosecution is at liberty to file

application seeking cancellation of bail.

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 findings

in this order be construed as expression of opinion only for

the limited purpose of considering bail in the above criminal

petition and shall not have any bearing in any other

proceeding.

Accordingly, the Criminal Petition is allowed.

Consequently, miscellaneous applications pending, if any, shall stand closed.

_______________________ JUSTICE RAVI CHEEMALAPATI

Date : 18.10.2022

SPP

THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI

CRIMINAL PETITION NO.6601 of 2022

Date : 18.10.2022

SPP