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Andhra Pradesh HC: Conditional Bail May be Granted for Non-Bailable Offences U/S 439 CrPC, if Substantial Progress in Investigation

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Khushi Gupta

Published on: April 29, 2022 at 16:24 IST

The Andhra Pradesh High Court has reiterated that to constitute an offence under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC & ST Act), there has to be averments that the words have been uttered in view of public with an intention to humiliate the complainant that he belonged to a particular community.

“In the Case on hand, it is not the Case of 2nd Respondent-Defacto complainant that when the telephonic conversation was taking place, there were people present at that place. It is also not his Case that the discussion that went on between 2nd Respondent-Defacto complainant has been over-heard by the public at large,” Justice K. Sreenivasa Reddy observed.

In a recent Case, the Andhra Pradesh High Court in exercise of its Special Power under Section 439 of Criminal Procedure Code granted conditional Bail to the Petitioner who was accused of a Non-Bailable Offence as there had been considerable progress in the Investigation since the time of arrest.

The Criminal Petition was filed under Section 439 of the Code of Criminal Procedure to enlarge the Accused on Bail. The Petitioners were accused in a Case under Sections 324 (Punishment for voluntarily causing hurt by dangerous weapons), 307 (Punishment for attempt to murder), 506 (Punishment for criminal intimidation) read with Section 34 (Acts done by several persons in furtherance of common intention) of the Indian Penal Code.

The Criminal Petition was allowed and Bail was granted with a condition of execution of surety and that the Petitioner would have to report before concerned Station House Officer daily till the entire Investigation was completed and charge-sheet was filed in the Case.