2025:APHC:17094

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

*HON’BLE SRI JUSTICE HARINATH.N

+CRIMINAL PETITION No.7114 OF 2022

%30.04.2025

#Between:

Akkala Rami Reddy, S/o.S/o.Venkata Reddy, Hindu, aged about 25 years, Resident of Kothapalem Village, Pittalavanipalem Mandal,

Guntur District and others.

...Petitioners

AND

1. The State of Andhra Pradesh, Rep.by its Public Prosecutor,

High Court of A.P. at Amaravathi and another

...Respondents

Counsel for the Petitioner:

1.Sri. J.V.Phaniduth

Counsel for the Respondent(S):

1. Learned Public Prosecutor 2. Sri. Satheesh Kumar Eerla

The Court made the following:

Gist:

>Head Note

? Cases referred

1. 2016 1 ALD (Cri) 545

2. AIR Online 2024 SC 793

3. 2009 LawSuit (SC) 624

4. (2016) 11 SCC 617

5. 2009 LawSuit (SC) 624

6. (2016) 11 SCC 617

This Court made the following:

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI *HON’BLE SRI JUSTICE HARINATH.N +CRIMINAL PETITION No.7114 OF 2022 %30.04.2025 #Between:

Akkala Rami Reddy, S/o.S/o.Venkata Reddy, Hindu, aged about 25 years, Resident of Kothapalem Village, Pittalavanipalem Mandal, Guntur District and others.

...Petitioners AND

1. The State of Andhra Pradesh, Rep.by its Public Prosecutor, High Court of A.P. at Amaravathi and another ...Respondents DATE OF ORDER PRONOUNCED: 30.04.2025 SUBMITTED FOR APPROVAL:

HON’BLE SRI JUSTICE HARINATH.N

1. Whether Reporters of Local newspapers may be allowed to see the Judgments? Yes/No

2. Whether the copies of order may be marked to Law Reporters/Journals? Yes/No

3. Whether Your Lordships wish to see the fair copy of the order?

Yes/No ____________________ JUSTICE HARINATH.N THE HON’BLE SRI JUSTICE HARINATH. N CRIMINAL PETITION No.7114 OF 2022

ORDER :

1. The petitioners are arraigned as accused in Spl.SC.No.36 of

2021 on the file of IV Additional District and Sessions Judge – Cum – SC & ST Court, Guntur for the alleged offences under Sections 3(1)(r), 3(1)(s), 3(2)(va), SC ST (Prevention of Atrocities) Act, 2015 and Sections 341, 506, 323 read with 34 of IPC.

2. The learned counsel appearing for the petitioners submits that the 2^nd respondent has filed a complaint on 26.01.2021 before the T.Sandole Police Station alleging that the petitioner is residing in Pittalavanipalem Village for the past 11 years along with his wife Soujanya, son Jadson Paul aged 7 years and daughter Mahima Paul aged 5 years. It is stated that for the past 10 years he has been conducting Sunday Prayers at the house of Doma Koti Reddy. About to 20 to 30 people attend the Sunday Prayers. It is also stated that the petitioner is working as a Pastor and that he has been conducting Sunday Prayers without disturbing the peace of the villagers.

3. It is stated in the complaint that the 2^nd respondent received phone calls from the following numbers 8179892360, 63014362180, 8341686099, 9550315289, 9949681524, in the month of December, 2020 and that he was abused in the name of caste over the phone and was also threatened of eliminating him and that on 03.01.2021 at around 12.00 Noon while the 2^nd respondent was performing the Sunday Prayer at the house of Dama Koti Reddy. The 1^st accused is alleged to have called out the petitioner and slapped him and also fisted the petitioner. It is stated that as the petitioner is a Christian and on account of love of Jesus the 2^nd respondent has pardoned the 1^st accused.

4. It is also stated in the complaint that on 24.01.2021 when the 2^nd respondent after completing Sunday Prayers at the house Doma Koti Reddy house and returning home, the petitioners along with 25 others had accosted the petitioners and assaulted him, in such a manner that the injuries would not be visible. The 2^nd respondent was also threatened of elimination along with his family and he was abused in the name of his caste. The said complaint was lodged on 26.01.2021. On the strength of the complaint the police have registered a case against the petitioners alleging offences under Sections 3(1)(r, 3(1)(s), 3(2)(va), SC ST POA Act and 341, 506, 323 of IPC.

5. The police hav