SUNKARI SATHAIAH Vs. STATE OF AP

JUDGEMENT

(1.) This Criminal Petition, under Section 482 Cr.P.C. is filed by the petitioner praying to quash the proceedings in Crime No. 969 of 2007 on the file of the Police Station, L.B. Nagar, Hyderabad.

(2.) According to the learned Counsel for the petitioner, the police have completed investigation and laid charge sheet. Copy of the Remand Case Diary has been filed along with the petition. It reveals that the petitioners herein belong to other than scheduled caste and scheduled tribe community. One Anitha, daughter of Narshima, who was other than scheduled caste and scheduled tribe community, resident of Bangarigadda Village, Chandur Mandal, Nalgonda District was studying intermediate first year course in Naveena College. One Erigi Sravan Kumar, S/o. Muthaiah, belonging to scheduled caste community, resident of Donipamula Village, was also studying in the same college. It appears that both of them became friends and were moving together. It is alleged that the petitioners herein and some others came in two Tata Sumo vehicles to Nalgonda on 20.09.2007 and while Erigi Sravan Kumar (L.W.2) was proceeding to his room by walk, A-2 to A-8 who came in Tata Sumo bearing No. AP 11 X 108, forcibly kidnapped the said boy tying his hands and legs. Cloth piece was kept in the mouth of the victim to prevent him from raising his voice. He was abused in the name of his caste. On the way, he was shifted into another vehicle. He was beaten black and blue and was taken to Hyderabad. He was detained in the house of A-10 at Reddy Colony, Sagar Ring Road, L.B. Nagar, Hyderabad and there, A-1 to A-8 along with A-9 and A-10 beat the victim indiscriminately with sticks, belts. The victim was also kicked. He was also abused in the name of his caste. It is also alleged that tape-recorder was played in loud voice while beating the victim. On 20.09.2007 at about 07:00 P.M. in the evening, A-2 telephoned the brother of the victim and informed that the victim is in their custody at Reddy Colony, Sagar Ring Road, L.B. Nagar and directed him to come along with two elderly persons and take away the victim. Then the brother of the victim, along with some other persons, went there and they were also abused in the name of their caste. The victim was not in a position to speak. Accused threatened that they would kill the boy if he speaks with Anitha. Then the brother of the victim took the victim to the police station and from there, he was shifted to the hospital.

(3.) The words alleged to have been uttered by the accused reveal that the only reason for attacking the victim and causing injuries is that he though belongs to scheduled caste community, was talking with the girl belonging to some other community i.e. other than the scheduled caste and scheduled tribe community. The victim was shifted to Osmania General Hospital, Hyderabad, and from there, he was shifted to Sai Vani Hospital, Indira Park, Hyderabad, for better treatment. Upon the report given by Erigi Gurunadham the brother of the victim, police registered a case in Crime No. 984 of 2007 for the offences punishable under Section 3 of the Scheduled Caste and Scheduled Tribe (Prevention of atrocities) Act, 1989, ('SCs & STs Act', for brevity) and Sections 324, 342, 506 IPC and during the pendency of investigation, this petition has been filed.