SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V.R.K. KRUPA SAGAR, J.
Shaik Mohammad Moulana Abdul Kalam @ S.K. Mm Khan S/o Turab Ali – Petitioner
Versus
The State of Andhra Pradesh – Respondent
Criminal Petition Nos. 5197, 4896, 5230, 5256, 5367, 5475, 5487, 5503, 5550, 5553, 5585, 5652, 5718, 5724, 5752, 5839, 5920, 9083 of 2024
Decided On : 06-01-2025

Advocates:
Advocate Appeared:
For the Petitioner: P. Srilatha Reddy

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 18A, limiting High Court's jurisdiction.

Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Anticipatory bail petitions filed by multiple petitioners in a politically charged case involving allegations of caste-based violence - The court examined the applicability of Sections 18 and 18A of the Act, 1989, determining that anticipatory bail petitions are not maintainable in cases involving caste atrocities as per Section 14A of the Act - The court emphasized the need for petitions to be filed before Special Courts for such cases. (Paras 50, 56, 62)

(B) Jurisdiction - The court clarified that the High Court does not possess concurrent original jurisdiction for anticipatory bail in cases under the Act, 1989, and can only exercise appellate jurisdiction post-decision by Special Courts. (Paras 56, 62)

ORDER :

1. This Criminal Petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), has been filed by the petitioner/A32 seeking anticipatory bail in Crime No.137 of 2023 of Gannavaram Urban Police Station, Krishna District, registered for the offences punishable under Sections 143, 147, 148, 435, 506 read with 149 I.P.C and Section 3(1)(r)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Thereafter, the police, on the strength of the material collected, altered the provision of law into Sections 436, 450, 452 and 120B of I.P.C and Sections 3(2)(v) and 3(2)(va) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. Sri N. Harinadh, learned Counsel for petitioner and Sri Siddarth Luthra, learned Senior Counsel and Sri M.Lakshmi Narayana, learned Public Prosecutor and Sri A.Sai Rohit, learned Assistant Public Prosecutor appearing for respondent-State submitted arguments and cited legal authorities.

3. This Criminal Petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), has been filed by the petitioner/A46 seeking anticipatory bail in Crime No.137 of 2023 of Gannavaram Urban Police Station, Krishna District, registered for the offences punishable under Sections 143, 147, 148, 435, 506 read with 149 I.P.C and Section 3(1)(r)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Thereafter, the police, on the strength of the material collected, altered the provision of law into Sections 436, 450, 452 and 120B of I.P.C and Sections 3(2)(v) and 3(2)(va) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

4. Sri Mukkamalla Rama Swamy, the learned counsel for petitioner and Sri Siddarth Luthra, learned Senior Counsel and Sri M.Lakshmi Narayana, learned Public Prosecutor and Sri A.Sai Rohit, learned Assistant Public Prosecutor appearing for respondent-State submitted arguments and cited legal authorities.

5. This Criminal Petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), has been filed by the petitioners/A35 and A51 seeking anticipatory bail in Crime No.137 of 2023 of Gannavaram Urban Police Station, Krishna District, registered for the offences punishable under Sections 143, 147, 148, 435, 506 read with 149 I.P.C and Section 3(1)(r)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Thereafter, the police, on the strength of the material collected, altered the provision of law into Sections 436, 450, 452 and 120B of I.P.C and Sections 3(2)(v) and 3(2)(va) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

6. Sri Kiran Tirumalasetti, learned Counsel for the petitioners and Sri Siddarth Luthra, learned Senior Counsel and Sri M.Lakshmi Narayana, learned Public Prosecutor and Sri A.Sai Rohit, learned Assistant Public Prosecutor appearing for respondent-State submitted arguments and cited legal authorities.

7. This Criminal Petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), has been filed by the petitioner/A43 seeking anticipatory bail in Crime No.137 of 2023 of Gannavaram Urban Police Station, Krishna District, registered for the offences punishable under Sections 143, 147, 148, 435, 506 read with 149 I.P.C and Section 3(1)(r)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Thereafter, the police, on the strength of the material collected, altered the provision of law into Sections 436, 450, 452 and 120B of I.P.C and Sections 3(2)(v) and 3(2)(va) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

8. Sri B.V. Anjaneyulu, learned Counsel for the petitioner and Sri Siddarth Luthra, learned Senior Counsel and Sri M.Lakshmi Narayana, learned Public Prosecutor and Sri A.Sai Rohit, learned Assistant Public Prosecutor appearing for respondent-State submitted arguments and cited

      Click Here to Read the rest of this document
      1
      2
      3
      4
      5
      6
      7
      8
      9
      10
      11
      SupremeToday Portrait Ad
      supreme today icon
      logo-black

      An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

      Please visit our Training & Support
      Center or Contact Us for assistance

      qr

      Scan Me!

      India’s Legal research and Law Firm App, Download now!

      For Daily Legal Updates, Join us on :

      whatsapp-icon Back to top