THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 7508 OF 2010 O R D E R : This criminal petition under section 438 of the Code of Criminal Procedure is filed by the petitioner-A3 seeking anticipatory bail in connection with Cr.No. 2 of 2010 of Gollapalem Police Station, East Godavari district, registered for the offences under section 306 IPC and section 3 (2) (v) of SCs and STs (POA) Act, 1989 against the petitioner-A3. The prosecution case is that on 08-1-2010 a complaint was lodged by Jonnapudi China Subba Rao who belongs to Scheduled Caste of Tipparajupalem in connection with the death of his brother Jonnapudi Chandra Rao stating that the deceased was cultivating one acre of land of Yalla Tirupathi Rao on lease. On 07-1-2010 one Yalla Anji babu (A-1 came to the S.C. Peta and informed that his brother Jonnapudi Chandra Rao and Mudiki Venkata Ratnam committed theft of two paddy bags from his land and informed the same to the caste elders. On that the defacto complainant and the caste elders went there. The deceased and Venkatramana agreed for the wrong committed by them and thereby all of them asked to deliver one paddy bag each and returned back at about 10 a.m. It is alleged in the complaint that on 08-1-2010 in the early hours of 5 a.m. he came to learn that his younger brother Chandra Rao found lying on the side of Makham thatched shed of Avala Nagarjuna and on that he went and saw him and found him dead. Thereby he suspected some foul play and complained to police. On the basis of his complaint, the police registered the above crime against the petitioner and others. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor. The learned counsel for the petitioner submitted that the petitioner has not committed any offence as stated by the defacto complainant and further submitted that due to a panchayat held in the village, the deceased committed suicide and no offence under section 306 IPC is attracted. This Court is of the view that when an offence under section 3 (2) (v) of SCs and STs (POA) Act, 1989 against the petitioner-A3 is registered, this Court is not inclined to grant anticipatory bail to the petitioner. Considering the same, the petitioner is directed to surrender before the concerned court and on such surrender if any bail application is filed by the petitioner-A3, the concerned court is directed to consider the same and pass appropriate order on merits and in accordance with law on the same day. With the above observation, this Criminal Petition is disposed of. ______________________ JUSTICE RAJA ELANGO 09-8-2010. I s L THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7508 OF 2010 Circulation Entry No. Date:09-8-2010 Computer No. 43 Court Master: I s L