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V. R. K. KRUPA SAGAR
BANDI RAGHAVA REDDY, S/o. Bandi Siva Reddy – Appellant
Versus
STATE OF ANDHRA PRADESH, rep. , by its Public Prosecutor – Respondent
ORDER :
(V.R.K. Krupa Sagar, J.)
This Criminal Petition, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, is filed by the petitioner seeking anticipatory bail in connection with Crime No.411 of 2024 of Pulivendula UG Police Station, YSR Kadapa District, registered for the offences punishable under Sections 308(5), 351(3), 353(1)(c) , 111(2)(b) and 196 read with 3(5) of BNS and Section 3(1)(r)(s)(t) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 and Section 67 of the Information Technology Act.
2. Heard arguments of Sri O.Manohar Reddy, the learned Senior Counsel being assisted by Sri V.R.Reddy Kovvuri, the learned counsel for petitioner and Sri K.Sandeep, the learned Assistant Public Prosecutor for respondent-State.
3. Case of the prosecution is that there were obscene postings in social media as against Sri Pawan Kalyan and women members of his family. The de facto complainant is a member of Jana Sena Party. He was aggrieved by it. According to him, one Mr. Varra Ravindra Reddy belonging to YSR Congress Party has been getting such defamatory and obscene material circulated in the social media. It is in that regard the de f
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, necessitating an appeal against the Special Court's decision if bail is denied.
Anticipatory bail applications under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act must be filed in Special Courts, not the High Court, as per Section 14A.
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 petitions under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 are not maintainable unless prima facie evidence exists, as per Sections 18 and 18....
The jurisdiction for anticipatory bail in caste atrocity cases is reserved for special courts under the Scheduled Castes Act, reaffirming the necessity for prima facie evidence for jurisdictional app....
The exclusion of anticipatory bail under S.18 of the Act of 1989 applies only if there is a prima facie case of offence, allowing appeals against bail orders under S.14A.
The main legal point established in the judgment is the applicability of Section 18 of the Act of 1989 in barring the application for anticipatory bail under Section 438 of Cr.P.C. in cases involving....
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