The jurisdiction to entertain anticipatory bail petitions under the SCs and STs Act is barred, and such applications must be filed before the Special Court.

ORDER:

This Criminal Petition, under Section 438 of Cr.P.C. (New Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023), is filed by the petitioner/A.1 seeking anticipatory bail in connection with Crime No.73 of 2024 of Inavole Police Station, Palnadu District, registered for the offences punishable under Sections 326(g), 351(3) and 109(1) read with 3(5) of BNS and Sections 3(1)(z) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.

2. Heard arguments of Sri Virupaksha Dattatreya, the learned counsel for the petitioner and the learned Assistant Public Prosecutor for respondent-State.

3. Perused the record.

4. On 12.08.2024 a written information of the victim was registered as F.I.R. and the investigation is in progress. The allegations are that the victim is a woman and yanadi by caste and therefore belonging to scheduled caste. The Government had granted her Ac.0.1½ cents of site and in the recent past she erected a hut in it and has been living. This petitioner and his associates have been demanding her to remove the hut and were threatening her with dire consequences. On 11.08.2024 in the mid night at about 1:00 A.M. she noticed that her hut was under fire and she came out of the house and the entire hut and all her articles were burnt. Suspecting that this petitioner and his associates did this she lodged the written information.

5. It is stated that this petitioner is A.1 and he does not belong to scheduled caste or scheduled tribe. It is also stated that the other accused belong to various castes falling within the definition of scheduled caste or scheduled tribe.

6. This petitioner filed a petition seeking anticipatory bail and the learned Special Sessions Judge-cum-IV Additional Sessions Judge, Guntur by an endorsement dated 17.08.2024 refused to entertain the petition stating that there is a bar under Section 18 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘the SCs and STs Act’) for anticipatory bails.

7. It is thereafter the petitioner has moved this petition claiming that he is falsely implicated in this case as he belonged to YSR Congress Party and the de facto complainant is sympathizer of ruling party. With a view to taint his reputation and to take revenge against him, this false case is filed. It is further mentioned in the bail petition that the brother of A.7 with a view to take revenge against the de facto complainant burnt the hut of the de facto complainant and openly proclaimed it and a video indicating the same is available and the pen drive could be filed for verification.

8. Since the offences alleged against this petitioner include Sections 3(1)(z) and 3(2)(va) of the SCs and STs Act and since the petitioner has filed this petition seeking anticipatory bail requesting this Court to exercise its concurrent original jurisdiction in cases of bails and anticipatory bails, the question that has come up for consideration is whether such jurisdiction is available with this Court in view of Section 14A of the SCs and STs Act.

The said provision reads as below:

“14A. Appeals:—(1) Notwithstanding anything contained in the Code of Criminal Procedure,1973 (2 of 1974), an appeal shall lie, from any judgment, sentence or order, not being an interlocutory order, of a Special Court or an Exclusive Special Court, to the High Court both on facts and on law.

(2) Notwithstanding anything contained in sub-section (3) of section 378 of the Code of Criminal Procedure, 1973 (2 of 1974), an appeal shall lie to the High Court against an order of the Special Court or the Exclusive Special Court granting or refusing bail.

(3) Notwithstanding anything contained in any other law for the time being in force, every appeal under this section shall be preferred within a period of ninety days from the date of the judgment, sentence or order appealed from: Provided that the High Court may entertain an appeal after the expiry of the said period of ninety