Andhra Pradesh High Court - Amravati
Pasupuleti Jyothi vs The State Of Andhra Pradesh on 30 September, 2021
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION NO.5378 OF 2021
ORDER:-
This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest bail to the petitioners/A1 to A4 in the event of their arrest in connection with Crime No.205 of 2021 of RIMS U/G Police Station, YSR Kadapa District registered for the offences punishable under Sections 323, 354 read with 34 of the Indian Penal Code, 1860 and Sections 3(1)(r)(S) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 (for short the 'SC & ST (POA) Act').
2. The case of prosecution is that a report was lodged wherein the complainant alleged that she belongs to Sugali caste and on 04.09.2021 at about 11:30 while she was planting flower plants, A1 who belongs to Uppara caste and resides besides complainant's house came to her house by abusing in filthy language by touching caste name. It is alleged that when the complainant asked A1 to leave her house, other accused who are relatives of A1 came there and all the accused caught her hair and beat her with hands and legs. In the meanwhile relatives of the complainant came to rescue her, but the petitioners beat them. In the said quarrel a gold chain of sister-in-law of the complainant was lost. Basing on the said report, the present crime is registered. 2
3. Heard Sri D.Purna Chandra Reddy, learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioners submits that the present complaint is filed as a counter blast to the report lodged by petitioner No.1, which is registered as crime No.206 of 2021 for the offences punishable under Sections 324 and 354(B) read with 34 IPC. He submits that the petitioners herein also sustained injures and copy of certificate given by Government General Hospital, Kadapa is filed before this Court. He submits that the allegation of abusing in the name of caste is invented for the purpose of filing this case and implicating the petitioners. He submits that the complainant in this case has not sustained any injuries. Hence, the petitioners' case may be considered for grant of pre-arrest bail.
5. Learned Assistant Public Prosecutor submits that investigation is pending and three witnesses are examined. He submits that there are allegations of abusing the complainant in the name of caste, as such this application seeking pre-arrest bail is not maintainable in view of the bar under Section 18 of SC & ST (POA) Act.
6. There is no dispute that there is bar under Section 18 of SC & ST (POA) Act for granting anticipatory bail. The Hon'ble Apex Court in Writ Petition (C) No.1015 of 2018 and Writ Petition (C) No.1016 of 2018 between Prathvi Raj Chauhan and Union of 3 India has considered the scope of Section 18 of the SC ST Act and observed that:
"concerning the applicability of provisions of Section 438 Cr.P.C., shall not apply to the Act. However, if the complainant does not make out a prima facie case for applicability of the provisions of the Act the bar created by Section 18 and 18A (i) shall not apply."
"... ... It would only add a caveat with the observation and emphasize that while considering any application seeking pre- arrest bail, High Court has to balance two interests i.e. the power is not so used to convert the jurisdiction under Section 438 of Cr.P.C., but that it is used sparingly and such orders made in very exceptional cases where no prima facie offence is made out as shown in the FIR, and if such orders are not made in similar cases, the result would inevitably be a miscarriage of justice or abuse of process of law. Therefore, I consider such stringent terms, otherwise contrary to the philosophy of bail, absolutely essential, because a liberal use of the power to grant pre-arrest bail would defeat the intention of Parliament.
7. It is clear from a perusal of the record that this is a case and counter case and admittedly the petitioners have also sustained injuries. Therefore, taking into consideration the fact that this is a case and counter case and in view of the above law enunciated by the Hon'ble Apex Court in Prathvi Raj Chauhan v. Union of India (referred supra), this Court deems it appropriate to grant pre- arrest bail to the petitioners.
8. Accordingly, this Criminal Petition is allowed. The petitioners/A1 to A4 shall be released on bail in the event of their arrest in connection with Crime No.205 of 2021 of RIMS U/G 4 Police Station, YSR Kadapa District, on condition of executing self bond for Rs.20,000/- (Rupees twenty thousand only) each with two sureties for a likesum each to the satisfaction of the Station House Officer, Station House Officer, RIMS U/G Police Station, YSR Kadapa District.
Consequently, miscellaneous applications pending, if any, shall stand closed.
___________________________ LALITHA KANNEGANTI, J Date :30.09.2021 IKN 5 THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI Allowed anticipatory CRIMINAL PETITION No.5378 of 2021 30.09.2021 IKN