Full Judgment Text
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
2025 INSC 390
CRIMINAL APPEAL NO. 1471 OF 2025
ARISING OUT OF SLP (CRL.) No. 17738 OF 2024
DEEPAK KUMAR TALA ...APPELLANT(S)
VERSUS
STATE OF ANDHRA PRADESH & ORS. …RESPONDENT(S)
O R D E R
1. Leave granted.
2. This appeal arises out of the order dated 18.11.2024 passed
by the High Court in Criminal Appeal No. 675/2024, dismissing
the appeal against rejection of the appellant’s application for
anticipatory bail by Trial Court order dated 24.08.2024.
3. Briefly stated, the allegations in the FIR are as follows:
Respondent no. 3 (complainant) belongs to a Scheduled Caste. The
appellant set up a Trust for development of a temple along with
respondent no. 3 and others, but forced him to transfer certain
lands. Upon refusal, the appellant threatened to kill him, abused
Signature Not Verified
him by a caste slur, and asked him to stop reciting prayers. That
Digitally signed by
INDU MARWAH
Date: 2025.03.25
16:39:29 IST
Reason:
on 18.04.2024, respondent no. 3 was abducted by various persons
1
and taken to different locations where he was kept locked up for
several days. On 29.04.2024, some accused persons took him to a
petrol station and threatened him to transfer the temple’s lands in
the appellant’s name or that they would kill him. Upon refusing,
they beat respondent no. 3 with their hands and threatened him
with small knives, which led him to agree to transfer the lands out
of fear. Meanwhile, respondent no. 3 was rescued by the police and
four accused persons were arrested.
4. FIR No. 69 of 2024 was lodged at P.S. G.D. Nellore UPS dated
18.04.2024 under Sections 364, 511, 307, 343, 419, 506, 120B,
1
and 34 of the Indian Penal Code, 1860 and Sections 3(1)(r), 3(1)(s),
and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes
2
(Prevention of Atrocities) Act, 1989 .
5. From a prima facie examination of the FIR, it is very clear that
there is only one alleged instance of an insult/caste slur but there
is no allegation that such offending statement was made in the
3
presence of members of the general public. Hence, an essential
1
Hereinafter “IPC”.
2
Hereinafter “the SC/ST Act”.
3
See Swaran Singh v. State , (2008) 8 SCC 435, paras 28, 33; Hitesh Verma v. State of
Uttarakhand , (2020) 10 SCC 710, para 15; Ramesh Chandra Vaishya v. State of Uttar
Pradesh , 2023 SCC OnLine SC 668, para 17; Priti Agarwalla v. State of GNCT of Delhi , 2024
SCC OnLine SC 973, para 19.1; Rabindra Kumar Chhattoi v. State of Odisha , SLP (Crl.) No
Karuppudayar v. State
1608/2020 (order dt. 05.12.2024), para 13; , 2025 SCC OnLine SC
215, para 11.
2
ingredient for attracting Sections 2(1)(r) and 2(1)(s) of the SC/ST
Act, i.e., that such statement must be made within “public view”,
4
as held by this Court in Shajan Skaria v. State of Kerala , is prima
facie not made out from the FIR. Further, an examination of the
FIR also shows that the allegations regarding the appellant’s
involvement in the alleged conspiracy for respondent no. 3’s
abduction and criminal intimidation are only inferential in nature,
which can be established during trial.
6. The relationship between the parties, as evident from the FIR
itself is that the appellant and the complainant were associated for
a long time (since 2012) with the temple’s activities, for which a
Trust was formed that named both of them as trustees. It was only
in 2017 that certain disputes arose between them and multiple
civil suits regarding the temple’s properties and funds were
instituted by the appellant.
7. In light of this overall perspective and considering the
allegations in the FIR, our prima facie conclusion is that the
appellant is entitled to anticipatory bail as per the principles laid
5
down by this Court in Prathvi Raj Chauhan v. Union of India and
Shajan Skaria (supra).
4
2024 SCC OnLine SC 2249.
5
(2020) 4 SCC 727, para 11.
3
8. In this view of the matter, by allowing the present appeal, we
direct that in the event the appellant is arrested in connection with
FIR No. 69 of 2024 lodged at P.S. G.D. Nellore UPS dated
18.04.2024, he shall be released on bail subject to such terms and
conditions as the Trial Court may deem fit to impose. We make it
clear that we have not expressed any opinion on the merits of the
matter and that the observations made in our order will have no
bearing on the conduct of the trial or on the final decision in the
criminal proceedings.
9. Pending applications, if any, stand disposed of.
………………………………....J.
[PAMIDIGHANTAM SRI NARASIMHA]
………………………………....J.
[MANOJ MISRA]
NEW DELHI;
MARCH 25, 2025.
4
ITEM NO.1502 COURT NO.11 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 17738/2024
[Arising out of impugned final judgment and order dated 18-11-2024
in CRA No. 675/2024 passed by the High Court of Andhra Pradesh at
Amravati]
DEEPAK KUMAR TALA Petitioner(s)
VERSUS
STATE OF ANDHRA PRADESH & ORS. Respondent(s)
[ HEARD BY : HON. PAMIDIGHANTAM SRI NARASIMHA AND HON. MANOJ MISRA,
JJ. ]
Date : 25-03-2025 This petition was called on for pronouncement of
order today
For Petitioner(s) :Mr. Sivagnanam K, Adv.
Mr. Siddhant Buxy, AOR
For Respondent(s) :Ms. Prerna Singh, Adv.
Mr. Guntur Pramod Kumar, AOR
Mr. Samarth Krishan Luthra, Adv.
Ms. Devina Sehgal, AOR
Mr. Yatharth Kansal, Adv.
Hon’ble Mr. Justice Pamidighantam Sri Narasimha
pronounced the order of the Bench comprising His Lordship
and Hon'ble Mr. Justice Manoj Misra.
1. Leave granted.
2. The appeal is allowed in terms of the signed order. Relevant
portion of the order is as under:
“...we direct that in the event the appellant is
arrested in connection with FIR No. 69 of 2024 lodged
at P.S. G.D. Nellore UPS dated 18.04.2024, he shall be
released on bail subject to such terms and conditions
as the Trial Court may deem fit to impose.
..”
3. Pending applications, if any, shall stand disposed of.
(INDU MARWAH) (NIDHI WASON)
AR-CUM-PS COURT MASTER (NSH)
(Signed order is placed on the file)
CRIMINAL APPELLATE JURISDICTION
2025 INSC 390
CRIMINAL APPEAL NO. 1471 OF 2025
ARISING OUT OF SLP (CRL.) No. 17738 OF 2024
DEEPAK KUMAR TALA ...APPELLANT(S)
VERSUS
STATE OF ANDHRA PRADESH & ORS. …RESPONDENT(S)
O R D E R
1. Leave granted.
2. This appeal arises out of the order dated 18.11.2024 passed
by the High Court in Criminal Appeal No. 675/2024, dismissing
the appeal against rejection of the appellant’s application for
anticipatory bail by Trial Court order dated 24.08.2024.
3. Briefly stated, the allegations in the FIR are as follows:
Respondent no. 3 (complainant) belongs to a Scheduled Caste. The
appellant set up a Trust for development of a temple along with
respondent no. 3 and others, but forced him to transfer certain
lands. Upon refusal, the appellant threatened to kill him, abused
Signature Not Verified
him by a caste slur, and asked him to stop reciting prayers. That
Digitally signed by
INDU MARWAH
Date: 2025.03.25
16:39:29 IST
Reason:
on 18.04.2024, respondent no. 3 was abducted by various persons
1
and taken to different locations where he was kept locked up for
several days. On 29.04.2024, some accused persons took him to a
petrol station and threatened him to transfer the temple’s lands in
the appellant’s name or that they would kill him. Upon refusing,
they beat respondent no. 3 with their hands and threatened him
with small knives, which led him to agree to transfer the lands out
of fear. Meanwhile, respondent no. 3 was rescued by the police and
four accused persons were arrested.
4. FIR No. 69 of 2024 was lodged at P.S. G.D. Nellore UPS dated
18.04.2024 under Sections 364, 511, 307, 343, 419, 506, 120B,
1
and 34 of the Indian Penal Code, 1860 and Sections 3(1)(r), 3(1)(s),
and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes
2
(Prevention of Atrocities) Act, 1989 .
5. From a prima facie examination of the FIR, it is very clear that
there is only one alleged instance of an insult/caste slur but there
is no allegation that such offending statement was made in the
3
presence of members of the general public. Hence, an essential
1
Hereinafter “IPC”.
2
Hereinafter “the SC/ST Act”.
3
See Swaran Singh v. State , (2008) 8 SCC 435, paras 28, 33; Hitesh Verma v. State of
Uttarakhand , (2020) 10 SCC 710, para 15; Ramesh Chandra Vaishya v. State of Uttar
Pradesh , 2023 SCC OnLine SC 668, para 17; Priti Agarwalla v. State of GNCT of Delhi , 2024
SCC OnLine SC 973, para 19.1; Rabindra Kumar Chhattoi v. State of Odisha , SLP (Crl.) No
Karuppudayar v. State
1608/2020 (order dt. 05.12.2024), para 13; , 2025 SCC OnLine SC
215, para 11.
2
ingredient for attracting Sections 2(1)(r) and 2(1)(s) of the SC/ST
Act, i.e., that such statement must be made within “public view”,
4
as held by this Court in Shajan Skaria v. State of Kerala , is prima
facie not made out from the FIR. Further, an examination of the
FIR also shows that the allegations regarding the appellant’s
involvement in the alleged conspiracy for respondent no. 3’s
abduction and criminal intimidation are only inferential in nature,
which can be established during trial.
6. The relationship between the parties, as evident from the FIR
itself is that the appellant and the complainant were associated for
a long time (since 2012) with the temple’s activities, for which a
Trust was formed that named both of them as trustees. It was only
in 2017 that certain disputes arose between them and multiple
civil suits regarding the temple’s properties and funds were
instituted by the appellant.
7. In light of this overall perspective and considering the
allegations in the FIR, our prima facie conclusion is that the
appellant is entitled to anticipatory bail as per the principles laid
5
down by this Court in Prathvi Raj Chauhan v. Union of India and
Shajan Skaria (supra).
4
2024 SCC OnLine SC 2249.
5
(2020) 4 SCC 727, para 11.
3
8. In this view of the matter, by allowing the present appeal, we
direct that in the event the appellant is arrested in connection with
FIR No. 69 of 2024 lodged at P.S. G.D. Nellore UPS dated
18.04.2024, he shall be released on bail subject to such terms and
conditions as the Trial Court may deem fit to impose. We make it
clear that we have not expressed any opinion on the merits of the
matter and that the observations made in our order will have no
bearing on the conduct of the trial or on the final decision in the
criminal proceedings.
9. Pending applications, if any, stand disposed of.
………………………………....J.
[PAMIDIGHANTAM SRI NARASIMHA]
………………………………....J.
[MANOJ MISRA]
NEW DELHI;
MARCH 25, 2025.
4
ITEM NO.1502 COURT NO.11 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 17738/2024
[Arising out of impugned final judgment and order dated 18-11-2024
in CRA No. 675/2024 passed by the High Court of Andhra Pradesh at
Amravati]
DEEPAK KUMAR TALA Petitioner(s)
VERSUS
STATE OF ANDHRA PRADESH & ORS. Respondent(s)
[ HEARD BY : HON. PAMIDIGHANTAM SRI NARASIMHA AND HON. MANOJ MISRA,
JJ. ]
Date : 25-03-2025 This petition was called on for pronouncement of
order today
For Petitioner(s) :Mr. Sivagnanam K, Adv.
Mr. Siddhant Buxy, AOR
For Respondent(s) :Ms. Prerna Singh, Adv.
Mr. Guntur Pramod Kumar, AOR
Mr. Samarth Krishan Luthra, Adv.
Ms. Devina Sehgal, AOR
Mr. Yatharth Kansal, Adv.
Hon’ble Mr. Justice Pamidighantam Sri Narasimha
pronounced the order of the Bench comprising His Lordship
and Hon'ble Mr. Justice Manoj Misra.
1. Leave granted.
2. The appeal is allowed in terms of the signed order. Relevant
portion of the order is as under:
“...we direct that in the event the appellant is
arrested in connection with FIR No. 69 of 2024 lodged
at P.S. G.D. Nellore UPS dated 18.04.2024, he shall be
released on bail subject to such terms and conditions
as the Trial Court may deem fit to impose.
..”
3. Pending applications, if any, shall stand disposed of.
(INDU MARWAH) (NIDHI WASON)
AR-CUM-PS COURT MASTER (NSH)
(Signed order is placed on the file)