ORDER:

This Criminal Petition is filed under Section 438 Cr.P.C. to grant anticipatory bail to the petitioner/accused in Crime No.1 of 2023 of S.Kota Police Station for the offences under Section 354, 323, 506, 509 I.P.C. read with section 3(1)(r), 3(1)(s), 3(2)(va) of SC ST POA Act on 10.01.2023.

The case of the prosecution briefly is that on 09.01.2023 at about 4.30 PM, the petitioner abused the de facto complainant by using her caste name by stating as ‘Mala Langa Kuthara’ and pushed her with his hands on her chest and slapped but meanwhile her mother came to her rescue and thereby the petitioner kicked her with legs and bet her and also threatened them with dire consequences.

However, the petitioner contends that he fought for human rights being activist of civil rights and so he took steps to question the activities of Revenue Officers on several occasions and also filed writ petition No.37726 of 2022 against K. Kumar, who is the VRO of L Kota of Vizianagaram District alleging that he encroached upon the grave yard and made Contd…

constructions, on which an order was passed by the High Court on 09.12.2022 directing the Tahsildar who is shown as 5th respondent and submitted detailed report as directed by the District Collector shown as 2nd respondent vide communication dated 31.03.2022, within a period of four(04) weeks from the date of receipt of the said order in the writ petition and also directing the District Collector to take appropriate action and as a consequence of such order, an enquiry was also directed vide proceedings dated 27.12.2022 vide RC. No.3601/2022/A7 by appointing Special Deputy Collector, LA Unit, Bobbili as an Enquiry Officer to look into the complaint of the petitioner herein and submitted detailed report to the Collector of Vizianagaram. Therefore, the petitioner contended that immediately on 10.01.2023 a police case was foisted by the said VRO by name K. Kumar who is also a party in the writ petition No. 37726 of

2022, through his sister-in-law with all false allegations.

Learned counsel further submitted that the legal steps taken by the petitioner, prima facie shows that the complaint lodged against him is false and just meant to counter his attempt to take legal action against said VRO and therefore he is Contd…

entitled to anticipatory bail as per the decision of the Hon’ble Supreme Court Writ Petition (c) No.1015 of 2018 and Writ Petition (c) No. 1016 of 2018 between the case of Prathvi Raj Chauhan Vs. Union of India in writ petition No. 1015 of 2018 dated 10.02.2020.

Sri K. Anand Kumar, learned Assistant Public Prosecutor, representing the respondent submitted that the police are ready to serve notice to the petitioner under section 41A Cr.P.C., and all the offences for which the crime was registered are punishable with imprisonment below seven (07) years.

In view of the said submission, this Court is of the view to direct the police to strictly follow the said provision of law and also the guidelines given by the Hon’ble Supreme Court in the case of Arnesh Kumar Vs State of Bihar1.

Accordingly, this criminal petition is disposed of.

Consequently, miscellaneous applications pending, if any, shall stand closed.

_______________________ B S BHANUMATHI, J.

08.02.2023 MVK

1 (2014) 8 SCC 273

THE HON’BLE Ms. JUSTICE B S BHANUMATHI CRLP.No. 661 of 2023

08.02.2023 MVK