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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. SUJANA
Mokhamatam Satish Kumar – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. petition for anticipatory bail filed under specific laws. (Para 1 , 2) |
| 2. arguments presented by both sides regarding the case. (Para 3 , 4 , 5 , 6) |
| 3. court observes potential evidence of caste-based offences. (Para 7 , 8) |
| 4. final ruling on the bail application. (Para 9 , 10) |
ORDER :
This criminal petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita , 2023 by the petitioner/A.1 seeking anticipatory bail in connection with FIR No.1242 of 2025 of KPHB Colony, Cyberabad Commissionerate, Medchal Malkajgiri District. The offences alleged against the petitioner are under Sections 69 of Bharatiya Nyaya Sanhita, 2023 and under Section 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘SC/ST Act’).
3. Heard Sri Rajath Kumar Pradhan, learned counsel for the petitioner, Sri D.Arun Kumar, learned Additional Public Prosecutor appearing for the respondent-State and Sri T.Vasantha Rao, learned counsel appearing for the 2nd respondent.
5. On the other hand, learned counsel for 2nd respondent filed counter stating that accused Nos. 2 and 3 have supported the petitioner in committing the alleged acts. The relationship
Anticipatory bail was denied based on prima facie evidence of offences under the SC/ST Act amid allegations of caste-based abuse.
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....
The court established that allegations under the SC/ST Act require evidence of public view humiliation, which was not present in this case.
In the absence of specific allegation about commission of offence touching the caste, prima facie, petition filed under Sec 438 Cr.P.C. is maintainable.
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