Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V. R. K. KRUPA SAGAR
Shaik Mohammad Moulana Abdul Kalam @ S. K. Mm Khan S/o Turab Ali – Appellant
Versus
State of Andhra Pradesh – Respondent
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 Urba
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....
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 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.
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 of caste atrocity is established, despite the restrictions under the SC and ST Act.
Point of law : Even if the bare reading of the FIR/ complaint indicates that prima facie provisions of the Act are not found to be attracted, then harmonious construction of Section 438 of the Code o....
The main legal point established in the judgment is the interpretation of the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of atrocities) act,1989, and the applicability of the....
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
