Failure to conduct a preliminary investigation under the applicable law invalidates the initiation of criminal proceedings, supporting the entitlement to anticipatory bail when evidence does not substantiate allegations.

The court made the following ORDER:

1. The petitioner/A.1 has filed this Criminal Petition by invoking the provisions of Sections 4 82 of Bharatiya Nagarik Suraksha Sanhita, 2023 [for short, “ BNSS ’), seeking pre-arrest bail in connection with Crime No.75 of 2025 of Gannavaram Police Station, Krishna District, involving the offences punishable under Section 3 84 , 420, 406, 379, 120(B) r/w. 149 of the Indian Penal Code, 1860 (referred to as the 'I.P.C.') and Section 4 r/w. 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 (referred to as ‘MMDAR Act’) and Section 3 of Prevention of Damage to Public Property Act, 1984 (referred to as ‘PDPP Act’) against the petitioner herein and other accused.

2. The prosecution's case, as detailed in the report dated 25.02.2025, is summarized as follows:

(i) One Jasthi Murali Krishna, the de-facto complainant, is a resident of Marlapalem, a hamlet of Gannavaram village in Krishna district. He resides and works in the Panakal Cheruvu Ayacut area of his village. Panakal Cheruvu, located in R.S. No. 86, spans approximately 18 acres. For the past 30 to 40 years, around 15 villagers, including the complainant, have been cultivating portions of this land, and they hold B-form pattas for the same. In 2023, the then MLA of Gannavaram, Vallabhaneni Vamsi Mohan, the petitioner herein, visited the village and allegedly demanded, aggressively, that the farmers vacate the land they were cultivating. When the farmers resisted, asserting their longstanding rights over the land, he reportedly responded with threats and intimidation. It is alleged that he told them, "I know how to remove the blockage”, thereby instilling fear of physical harm among the farmers. The complainant contends that the MLA forcibly evicted him and others without due process. Subsequently, the then MLA publicly claimed falsely, according to the complainant, that he was undertaking the development of the Panakal Lake for public benefit.

(ii) One day, the petitioner herein suddenly asked all the farmers to come to the lake and stated, "Now, I have blocked the village, if you do not do it, the village will turn against you”. He blackmailed all the MLAs and kept the farmers of Panakala Lake in fear. The then MLA, Vamsi and his followers, namely Ravi, Seshu, Ranga and Mechineni Babu, formed an illegal association with the farmers and took possession of the land and developed the lake for the people, misleading everyone with false words and removing the soil from the Panakala Lake in May 2023. For about 40 days, day and night, 10 excavators were used to dig illegally and illegally, to a depth of about 12 to 15 feet, and Vamsi, namely Ravi, Seshu, Ranga, and Mechineni Babu, sold it for their gain. While this was happening, the farmers were thinking about what to do or how to expose this injustice through the media when Vamsi asked the farmers to come to his office. If the farmers called, he would go with them when their relative Kambhampati Krishna Kishore (Bobby) also went to Vamsi's office, there Ranga, Seshu, Ravi, and Mechinani Babu, who had put on a crazy show and had not given up hope for that land, threatened Vamsi that this land would be sold to him out of fear for their lives. Then why would they risk their lives for something that is not there? After th