RAVI CHEEMALAPATI
P. Dhananjaya Naidu – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
1. This Criminal Petition is filed under Sec. 438 of the Code of Criminal Procedure, 1973 ( for short, 'Cr.P.C.'), seeking anticipatory bail, by the petitioners/A-1 and A-2 in Cr.No.177 of 2022 of Irla Police Station, Chittoor District, registered for the offence punishable under Ss. 323, 506 read with 34 of the Indian Penal Code and Ss. 3(1)(r), 3(1)(s), 3(2)(va) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act.
2. The case of the prosecution, in brief, is that, on 3/9/2022 at about 3.30 p.m., while he was sitting on the sand floor inside the grave yard near his house, the petitioners/ A1 and A2 came there, abused him touching name of his caste and they dragged and hit him on the ear and the 2nd petitioner/A-2 hit on his back and threw him down and they both humiliated him stating that how dare he not to stand on their arrival.
The complaint of the de facto complainant is registered as the above crime.
3. Heard Sri Javvaji Sarath Chandra, learned counsel for the petitioners and Sri Sravan Kumar Naidana, learned Special Assistant Public Prosecutor for 1 st respondent-State.
4. The learned Special Assistant Government Pleader has placed on record the noti
The ingredients of the offence under S. 3(1)(r) of the S.Cs. & S.Ts. (PoA) Act are (1) intentionally insults or intimidates with interest to humiliate a member of a Scheduled Caste or a Scheduled Tri....
The bar under Section 18 of the SC & ST (POA) Act does not apply to cases where the alleged abuse in the name of caste takes place within a private place and is not in public view.
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.
Anticipatory bail under SC/ST Act can be granted when the allegations do not establish a prima facie case within public view.
The statutory bar against anticipatory bail under the special legislation applies if a prima facie case exists. Knowledge of a victim's caste can be legally presumed based on acquaintance, and an inc....
Anticipatory bail is barred under Section 18 of the SC/ST (POA) Act where prima facie offenses are established.
The court found that allegations under SC/ST (POA) Act were dubious as two accused belonged to the Scheduled Caste, allowing anticipatory bail.
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