HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6848 OF 2010 ORDER: This criminal petition under section 438 of the Code of Criminal Procedure is filed by the petitioners who are A-1 and A-2 seeking anticipatory bail in connection with crime No.18 of 2010 of Irala Police Station, Chittoor district registered for the offences under section 304-A IPC and section 3 (2) (5) of SC/ST (POA) Act, 1989. The prosecution case is that the defacto complainant is a native of Tellagundlapalle Harijanwada of a Irala Mandal. According to the FIR it is stated that on 01-6-2010 there was a festival in the village known as Ganga Jatra and during that time the accused, who are the sons of Late Raghunatha Naidu of the same village is to get power stealthily from the live wire of electricity police and used the same for drawing the water to the fields and the sons of Raghunadha Naidu, who is the accused used to abuse the Harijans saying that there is no place for them and there were quarrels frequently, as such, the accused were threatening the Harijans. While things stood thus, the Asst.Engineer and Lineman of the Electricity Department along with the accused colluded together and took the power stealthily so as to kill Mahesh, who is the son of the defacto complainant and also one Adikesavulu, as expected, while they were participating in Gangamma Jatra, the above said Mahesh and Viswanadham went to attend the calls of nature at nearby garden and they died because of the shock due to electricity and as such defacto complainant requested to take action against the above persons by registering a case for committing to murder and also under the Special Act. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor. Since there is a specific bar under the provisions of section 3 (1) (v) of SCs & STs (POA) Act, 1989, this Court is not inclined to grant anticipatory bail to the petitioner. However, considering the facts and circumstances of the case, the petitioner is directed to surrender before the Court concerned and move appropriate application seeking bail and if any such bail application is filed by the petitioners, the Court concerned shall consider the same in accordance with law and pass appropriate orders on the same day. With above observation, the criminal petition is disposed of. _________________________ JUSTICE RAJA ELANGO Dated :19.07.2010 I s L THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 6848 OF 2010 Circulation Entry No. Date: 19007-2010 Computer No. 43 Court Master: I s L