(1.) THE issue that stems out for consideration in the present application filed under Section 438 Cr.P.C. is whether an offence punishable under Section 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the Act") is bailable or non -bailable.
(2.) BEFORE answering the question, it may be useful to refer to the allegations made in the First Information Report, which are as under:
(3.) HEARD learned counsel for the petitioner and learned Public Prosecutor appearing for the respondent -State of Andhra Pradesh, who opposed the petition on the ground of maintainability in view of the bar under Section 18 of the Act and also on the ground that the offence under Section 4 of the Act is bailable.