ORDER:

This petition is filed under Section 438 Cr.P.C. to enlarge the petitioners on bail in the event of their arrest.

2. The petitioners are A1 and A3 in Cr.No.39 of 2020 of Tullur Police Station, Guntur District.

3. The alleged offences against them are under Sections 448, 354 (c), 509 r/w 34 IPC and under Section 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

4. It is the case of the prosecution that the defacto complainant, who is working as a woman police constable was on bandobasth duty at Mandadam village. The Z.P.High School of Mandadam was provided as an accommodation to her and other women police constables, who are on bandobasth duty. On 22.01.2020 at about 10 a.m., she returned to the Z.P.High School from duty on account of her personal problem after taking permission from her officer. When she was changing her dress in the room in the said school, she noticed that some persons are attempting to record the same in video through the window. Immediately she raised cries and sat down. Thereafter, they went away from the said place. After sometime, one person came to her and stated sorry to her. Again some persons of some TV channels instigated the others and they all entered the room of the petitioner and has recorded her inner garments in the video. Thereafter, when the defacto complainant enquired from her senior colleague, she came to know that the petitioners herein and one Ramesh Chowdary are the persons, who have taken the said video. Therefore, the petitioners have committed the aforesaid offences.

5. Heard learned counsel for the petitioners and the learned Additional Public Prosecutor.

6. Learned counsel for petitioners would submit that to attract the offence under Sections 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the predominant requirement that is to establish that the petitioners got knowledge that the victim belongs to schedule caste. The facts of the case show that both the defacto complainant and the accused are strangers to each other and as such it cannot be said that the petitioners got knowledge that the defacto complainant is a woman belonging to schedule caste. So, no offence under Section 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, is made out from the facts of the case.

7. As regards the other offences punishable under Sections 448, 354 (c), 509 r/w 34 IPC are concerned, the learned counsel for the petitioners would submit that they are all bailable offences in nature. He would finally submit that the petitioners have been falsely implicated in this case as they have reported news in the newspaper that the school belonging to the students is being used as an accommodation to the police, who are on bandobasth duty and the children are made to sit outside the school for the purpose of attending the classes and as such this false case is foisted against them. Therefore, he prayed for grant of anticipatory bail to the petitioners.

8. Learned Additional Public Prosecutor vehemently opposed the criminal petition. He would submit that as this case is registered under Section 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the bar contained in Section 18 of the Act to entertain this petition for anticipatory bail, applies to the present facts of the case. So, this petition under Section 438 Cr.P.C. is not maintainable under law. He would further submit that the contents of the FIR clearly show that the petitioners along with another accused have recorded the video when the defacto complainant is changing the clothes. Therefore, having regard to the said allegation made in the case, he prayed for dismissal of the petition.

9. Perused the record.

10. As regards the offence under Section 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act concerned, as rightly contended by the learned counsel for the petitioners, a bare perusal of Sectio