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2020 DIGILAW 660 (TS)

B. Vijayanand v. State Telangana

2020-09-02

G.SRI DEVI

body2020
JUDGMENT G.Sri Devi, J. - The Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioner/accused seeking to grant anticipatory bail in the event of his arrest in connection with Crime No.71 of 2020 of Domakonda Police Station, Kamareddy District, which was registered for the offences punishable under Section 324 of I.P.C. and Sections 3 (1) (r) (s) and 3 (2) (Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015. 2. Heard the learned counsel appearing for the petitioner, learned Assistant Public Prosecutor appearing for the respondentState and perused the record. 3. Learned counsel for the petitioner would submit that the petitioner is innocent and he has nothing to do with the alleged offence and he has been falsely implicated in this case. He further submits that the petitioner is ready to abide by any condition that may be imposed in the event of his enlargement on anticipatory bail. 4. Learned Assistant Public Prosecutor opposed to grant anticipatory bail to the petitioner. 5. In view of the Gazette Notification issued by the Ministry of Law and Justice, Government of India, dated 17.08.2018 and the judgment of the Apex Court in Prathvi Raj Chauhan v. Union of India and others, (2020) AIR SC 1036 an application filed under Section 438 of I.P.C. is not maintainable, if prima facie case is made out for the offences punishable under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015. 6. In the instant case, as seen from the contents of the First Information Report, there are specific allegations against the petitioner that he abused the de facto complainant by naming his caste and also assaulted him with a spade on his face and as a result of which he received bleeding injuries. Hence, I am not inclined to release the petitioner/accused on anticipatory bail and accordingly, the prayer for grant of anticipatory bail is rejected. 7. However, the petitioner/accused is directed to surrender before the Court concerned within a period of four weeks from today and file an application for bail before the Court concerned after giving prior notice to the Public Prosecutor, in which event, the same can be disposed of in accordance with law. 7. However, the petitioner/accused is directed to surrender before the Court concerned within a period of four weeks from today and file an application for bail before the Court concerned after giving prior notice to the Public Prosecutor, in which event, the same can be disposed of in accordance with law. However, for a period of four weeks or till the date of surrender of the petitioner/accused, whichever is earlier, the Police shall not arrest the petitioner/accused in connection with the present crime. 8. Accordingly, the Criminal Petition is disposed of.