Telangana High Court
Ramreddy Nalla And 2 Others vs The State Of Telanana And Another on 17 November, 2022
Bench: K.Surender
THE HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No. 9609 of 2022
ORDER:
This Criminal Petition is filed under Section 438 of Cr.P.C. by
petitioners/A1 to A3 seeking bail in the event of their arrest in
connection with Crime No.121 of 2022 on the file of Neradigonda Police
Station, Adilabad District, registered for the offences punishable under
Sections 447, 427, 307 r/w.34 of the Indian Penal code and Section
3(2)(v)(va) of the SC & STs (POA) Act.
2. Heard learned counsel for the petitioners and learned Assistant
Public Prosecutor for the respondent-State and perused the record.
3. The case against the petitioners is that the defacto complainant is
an agriculturist of Neradigonda village. On 21.10.2022 at about 4.30
P.M. the 1st petitioner drove Harvester Vehicle over Soyabean crop, as
such, the crop was damaged. The defacto complainant's father
questioned the 1st petitioner, but, there was no response. However, in
the evening at 7.30 P.M. all the petitioners beat the father of the defacto
complainant. Thereafter, the father of the defacto complainant was
shifted to hospital for treatment.
4. Learned Counsel for the petitioners submits that even according
to the complaint there were disputes regarding the land for which
reason, a false case has been filed against the petitioners. He further
submits that in the event of there being no allegations to attract the
offence under the provisions of SC & STs (POA) Act, Anticipatory bail
can be granted.
5. On the other hand, learned counsel appearing for the 2nd
respondent/defacto complainant submits that there is prohibition
under Section 18 of the SC & STs (POA) Act, from granting Anticipatory
Bail. Further, there are acts of the petitioners amounting to deliberate
attempt to cause murder of the father of the defacto complainant, which
fact can be gathered from the petitioner attacking the deceased.
6. He relied upon the Judgments of the Honourable Supreme Court
in i) Union of India & others v. State of Maharashtra1 and State of
M.P. and another v. Ram Kishna Balothia and another2 and argued
that the petition has to be dismissed even without getting into the facts
of the case keeping in view the bar under section 18 of the SC & STs
(POA) Act.
7. The Honourable Supreme Court in the Judgment of Union of
India v. State of Maharashtra (supa 1) at para-57 held that if a
prima facie case is not made out attracting the provisions in the SC &
STs (POA) Act, the bar created under Section 18 for grant of
Anticipatory Bail, will not be attracted.
(2020) 4 SCC 761
(1995) 3 SCC 221
8. As seen from the complaint, there was a dispute regarding driving
the Harvester Vehicle over the Soyabean crop of the complainant.
Thereafter, an altercation ensued for the reason of the father of the
defacto complainant questioning the petitioners, the petitioners in turn
beat him with sticks.
9. In the entire complaint there is no averment that the said acts of
either driving the Harvester Vehicle or beating, are on account of the
defacto complainant belonging to Scheduled Caste or Scheduled Tribe.
10. In the said circumstances, prima facie, at this stage it can be held
that a prima facie case under the provisions of SC & STs (POA) Act, is
not made out. The injuries received by the victim are lacerated wounds
over elbow, forearm, back and little finger. No injuries are found on any
vital parts of the body. The victim was treated as out-patient.
11. For the aforementioned reason, these petitioners can be granted
the relief of anticipatory bail in the event of their arrest, subject to the
following conditions:
1) The petitioners/A1 to A3 are directed to surrender before the
Station House Officer, Neradigonda Police Station, Adilabad
District, within a period of ten days from the date of this
order. On such surrender, the said Station House Officer
shall release the petitioners/A1 to A3 on bail, on their
executing personal bonds for a sum of Rs.50,000/- (Rupees
Fifty Thousand only) each with two sureties for a like sum
each to his satisfaction.
2) On such release, the petitioners/A1 to A3 shall appear before
the concerned police, every day, from 10.00 a.m. to 12.00
noon, for a period of 30 days, for the purpose of
investigation.
3) The petitioners/A1 to A3 shall abide by the other conditions
stipulated in Section 438(2) of Cr.P.C and shall co-operate
with the Investigating Officer in investigating the case.
Miscellaneous applications, if any pending in this criminal
petition, shall stand closed.
__________________
K.SURENDER, J
Date : 17.11.2022
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THE HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No. 9609 of 2022
Dt. 17.11.2022
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