Telangana HC grants bail to five accused in SC/ST Act murder case; refuses A5 and A8 as petition not maintainable
The question: Whether accused who are in custody are entitled to regular bail once the charge sheet has been filed in a murder case under the BNS and the SC/ST (POA) Act, 1989 provisions
The Telangana High Court, by a common order of Justice B.R. Madhusudhan Rao, granted regular bail on conditions to accused Nos. 1 to 4 and 7 in a murder case also invoking the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, holding that since the charge sheet had been filed they were entitled to bail. The Court dismissed the petition so far as it concerned accused Nos. 5 and 8, holding that their regular bail petition was not maintainable in view of Section 14A of the SC/ST (POA) Act, which provides an appeal to the High Court against an order of the Special Court granting or refusing bail. The petitions were filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in Crime No.117 of 2026 of P.S. Haliya. The offences alleged are under Sections 103 and 61(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(f) and 3(2)(v) of the SC/ST (POA) Act. Crl.P.No.14568 of 2026 was filed by A4, Crl.P.No.14571 of 2026 by A1 to A3, A5 and A8, and Crl.P.No.15032 of 2026 by A7. The case began with a complaint lodged on 17.05.2026 by the second respondent, who alleged that A1 to A3 and their family members quarrelled with his sister, threatened that they would harvest the palm oil fruits at any cost and, if obstructed, would kill his sister and her daughter, and carried out the threat. The police filed a charge sheet on 31.08.2026, now numbered Spl. SC.No.133 of 2026. Earlier bail applications before the Special Court and this Court had been dismissed.