Anticipatory bail applications under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act must be filed in Special Courts, not the High Court, as per Section 14A.

ORDER :

(V.R.K. KRUPA SAGAR, J.)

This Criminal Petition, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ) ( Section 438 of Code of Criminal Procedure), is filed by the petitioner/A.71 seeking anticipatory bail in connection with Crime No.137 of 2023 of Gannavaram Urban Police Station, Krishna District, registered for the offences punishable under Sections 143, 147, 148, 435 and 506 read with 149 I.P.C. and Section 3(1)(r)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 . Thereafter, the police, on the strength of the material collected, added Sections 436, 450, 452 and 120B of I.P.C and Sections 3(2)(v) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 .

2. Heard arguments of Ms. V.Devi Satya Sri, the learned counsel for petitioner and Sri Siddarth Luthra, the learned Senior Counsel appearing online and Sri M.Lakshmi Narayana, the learned Public Prosecutor and Sri K.Sandeep, the learned Assistant Public Prosecutor for respondent-State.

3. As against the above anticipatory bail petition, a detailed counter was filed by the respondent-State.

4. This criminal petition pertains to Crime No.137 of 2023 of Gannavaram Urban Police Station. By this petition the accused/A.71 prays for pre-arrest bail. The crime incident allegedly occurred on 20.02.2023. Upon a written information dated 22.02.2023 F.I.R.No.137 of 2023 was registered. The scene of offence was Telugu Desam Party office, Gannavaram. Sri Mudunuri Satyavardhan belonging to Madiga caste, which is a scheduled caste, was computer operator working in Telugu Desam Party office and living in the said office.

5. During the time when this crime incident allegedly occurred the party in power was YSR Congress Party. Investigation commenced and went on for some time. Thereafter there were general elections and the then opposition party/Telugu Desam Party got the mandate and came into power. Thereafter investigation continued further. The allegations and counter allegations in this case disclosed the rift between both the political parties. Petitioners contend that this is a case falsely alleged against him out of political vendetta. According to the State, for political reasons there was inadequate investigation soon after commission of the offence. By the time this crime incident occurred the petitioner/Sri Vallabhaneni Vamsi Mohan was Member of Legislative Assembly for Gannavaram Assembly Constituency.

6. The version of the prosecution is that on 18.02.2023 during afternoon hours a press meet was held by Sri Vallabhaneni Vamsi Mohan wherein he allegedly made certain insulting remarks as against Sri N.Chandrababu Naidu, Sri Nara Lokesh and their family members and used indecent language. In response to it, certain leaders of Telugu Desam Party conducted a press meeting on 19.02.2023 in the morning hours and condemned the statements made by the opponent political party people.

7. In the above backdrop of facts, the crime incident allegedly occurred. It is stated that on 20.02.2023 at about 5:00 P.M. Sri Vallabhaneni Vamsi Mohan went to Telugu Desam Party office and on noticing followers of Telugu Desam Party he caused enquiries about Mr. Pattabhi of Telugu Desam Party and warned them that they would finish Telugu Desam Party and left the place.

8. In the next 30 minutes at about 5:30 P.M. about 100 persons belonging to YSR Congress Party came to Telugu Desam Party office wielding sticks, stones, petrol bottles and various other arms and while hailing Sri Vallabhaneni Vamsi Mohan they attacked the party office. They threw stones, entered the party office and destroyed the furniture, broke two computers and two televisions and caused tremendous panic among everyone available there. In the first information report the de facto complainant was able to mention the names of 44 accused. It also made a mention about four named accused who came upon him and abused him by his caste name. The fu