Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Dr. V.R.K. Krupa Sagar, J
Vallabhneni Vamsi Mohan – Appellant
Versus
State Of A.P. – Respondent
ORDER :
(V.R.K. KRUPA SAGAR, J.)
This Criminal Petition, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ) ( Section 438 of Code of Criminal Procedure), is filed by the petitioner/A.71 seeking anticipatory bail in connection with Crime No.137 of 2023 of Gannavaram Urban Police Station, Krishna District, registered for the offences punishable under Sections 143, 147, 148, 435 and 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, added Sections 436, 450, 452 and 120B of I.P.C and Sections 3(2)(v) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 .
2. Heard arguments of Ms. V.Devi Satya Sri, the learned counsel for petitioner and Sri Siddarth Luthra, the learned Senior Counsel appearing online and Sri M.Lakshmi Narayana, the learned Public Prosecutor and Sri K.Sandeep, the learned Assistant Public Prosecutor for respondent-State.
3. As against the above anticipatory bail petition, a detailed counter was filed by the respondent-State.
4. This criminal petition pertains to
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.
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 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.
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....
Anticipatory bail can be granted if no prima facie case of caste atrocity is established, despite the restrictions under the SC and ST Act.
Anticipatory bail petitions are maintainable for offences with a penalty of up to seven years, and jurisdictional courts must adjudicate these applications rather than merely disposing them without c....
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
