Byreddi Ramana v. State of Andhra Pradesh
In the High Court of Andhra Pradesh
Crl. P. 3326/2021
Before Justice Lalitha Kanneganti
Decided on June 24, 2021

Relevancy of the Case: Bail application in a case involving caste-based remarks over phone calls

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 67A)
• The Code of Criminal Procedure, 1973 (Section 161, 438)
• The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Section 3, 18, 18A)
• The Indian Penal Code, 1860 (Section 354A, 509)

Relevant Facts of the Case

• The complainant is a village volunteer belonging to a scheduled caste.
• The petitioner became the Village Sarpanch in February 2021.
• The complainant alleged that the petitioner has been harassing her by doing phone calls and abusing her on the basis of her caste from last year.
• The petitioner seeks anticipatory bail through this petition.

Prominent Arguments by the Advocates

• The petitioner’s counsel submitted that the complaint is politically motivated. It does not specify the time, place and manner of the events.
• The respondent’s counsel submitted that the complaint mentions the petitioner’s phone number. Moreover, Section 438 of the Code of Criminal Procedure, 1973 does not apply to cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Opinion of the Bench

• There is no prima facie case against the petitioner. The complaint lacks the details of events.

Final Decision

• The court granted anticipatory bail to the petitioner with conditions.