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V. R. K. KRUPA SAGAR
Deepak Kumar Tala – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER:
V.R.K.Krupa Sagar, J.
This Criminal Petition, under Section 438 of Cr.P.C. (New Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023), is filed by the petitioner/A.2 seeking anticipatory bail in connection with Crime No.69 of 2024 of G.D. Nellore Urban Police Station, Chittoor District, registered for the offences punishable under Sections 364 read with 511, 307, 343, 419, 506 and 120B read with 34 I.P.C. and Sections 3(1)(r)(s) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2. Heard Ms. Aishwarya Nagula, the learned counsel for petitioner and Sri Paleti V.R.Maheswara Rao, the learned counsel appearing on behalf of respondent Nos.2 and 3 and the learned Assistant Public Prosecutor for respondent No.1-State.
3. It is to be stated that respondent No.2 and respondent No.3 are brothers. Stating that respondent No.3 was missing since 18.04.2024 a written information was lodged by respondent No.2 upon which, F.I.R. No.69 of 2024 was registered on 20.04.2024 as a case of man missing.
4. During investigation, victim/respondent No.3 was rescued, and his statement was recorded on 29.04.2024 and it is thereafter all the penal provision
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.
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 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.
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 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 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....
Anticipatory bail can be granted if no prima facie case of caste atrocity is established, despite the restrictions under the SC and ST Act.
Pre-arrest bail – In relation to any case involving arrest of a person who is facing accusation about committing offence under SC/ST Act,1989, protection of Section 438, Cr.P.C. would not be availabl....
While considering any application seeking pre-arrest bail, High Court has to balance two interests: i.e. that the power is not so used as to convert jurisdiction into that under Section 438 of Crimin....
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