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V. R. K. KRUPA SAGAR
Julakanti Brahma Reddy @ Brahma Nanda Reddy – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER:
1. This criminal petition under Section 438 of the CrPC is filed by the petitioners/accused to grant anticipatory bail in connection with Crime No.113 of 2023 of Macherla Rural Police Station of Palnadu District for the offences punishable under Sections 337 , 364, 34 IPC and Section 3(1)(r), 3(1)(s) and 3(2)(va) of SC and ST (Prevention of Atrocities) Act, 1989.
2. Heard arguments of learned counsel for petitioner and learned Assistant Public Prosecutor for respondent/State. On 02.01.2024, respondent agreed to take out notices to de facto complainant. None entered appearance for de facto complainant.
3. For petitioner, it is argued
• Facts do not make out a case for applying any of the penal provisions alleged.
• In terms of law laid down by the courts application for anticipatory bail is maintainable.
For respondents, it is argued
• Since it is a case of caste atrocity, the application for anticipatory bail is not maintainable.
4. Perused the record.
5. As one could notice the offences alleged are both under IPC, 1860 as well as SC and ST (Prevention of Atrocities) Act, 1989. The application moved is un
(1) Anticipatory bail – Registering a petition is purely administrative in nature and applicability or otherwise of interdict of law require judicial application of mind and judicial standards and su....
Anticipatory bail can be granted if no prima facie case of caste atrocity is established, despite the restrictions under the SC and ST Act.
The High Court lacks jurisdiction to grant anticipatory bail under the SC/ST Act, necessitating an appeal against the Special Court's decision if bail is denied.
Offence under SC/ST Act – Anticipatory bail – Thus, if the complaint, prima facie, does not disclose offence under the provisions of the SC/ST Act, the Court will have the power to invoke Sec. 438 o....
The court ruled that anticipatory bail cannot be granted in cases involving allegations under the SC/ST Act, as per Section 14A, which bars such petitions.
The High Court lacks jurisdiction to grant anticipatory bail under the SC/ST Act when a prima facie case exists, as remedies lie in appealing the Special Court's decision.
Anticipatory bail can be granted if no prima facie case is established, and the bar under Section 18 of the Atrocity Act does not apply without substantiated allegations.
The court clarified that the applicability of the Prevention of Atrocities Act requires specific allegations of caste-based abuse, and the absence of such allegations allows for the granting of antic....
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