KADAVERU LAXMAMMA Vs. STATE OF TELANGANA, RACHAKONDA DISTRICT

JUDGEMENT

(1.) In this petition filed under Section 438 Cr.P.C,, 1973 the petitioner/A.3 seeks pre-arrest bail in Crime No. 74/2017 of Valigonda PS, Rachakonda Commissionerate registered for the offences under Section 324, 506 r/w 34IPC and Section 3(l)(r)(s) of SC and ST (Prevention of Atrocities) Amendment Act, 2015 (for short "SC and ST POA Act").

(2.) The defacto complainant gave report to the police alleging that on 19-04-2017 at about 9:00 hours, when A-1 was unlawfully felling the tree in front of the house, the complainant questioned him. On that A-l allegedly abused the complainant in filthy language and also in the name of his caste. At that time one Nagilla Shekar intervened in the dispute but he too was abused by A-1. Thereafter the villagers namely Kaluri Shakaraiah, Mallam Salaiah, Cheva Venkataiah etc., came there and intervened. In the meanwhile A-l beat the complainant with a saw and his family members i.e., A-2 and A-3 also attacked him. Investigation is reported to be pending.

(3.) Denying the allegations learned counsel for petitioner would seek bail on the main submission that even if the complaint allegations are accepted to be true, the offence under Section 3(1)(r)(s) of the Act would have no application because there is no specific allegation against the petitioner that she abused the defacto complainant in the name of this caste. Barring the said offence, the allegations of attack would attract only Section 324 and 506 IPC which are not grave offences. Further, the petitioner is a lady. Learned counsel relied upon the decision of this Court reported in Paracha Mohan Rao v. State of Andhra Pradesh 2013 (2) ALD (CRL.) 535 (AP), to buttress his argument that when the FIR prima facie do not attract any of the offences under the SC and ST POA Act, the bar under Section 18 of the Act will have no application and the Court can consider the request for granting pre-arrest bail under Section 438 Cr.P.C., 1973