VIJAYAWADA: Andhra Pradesh High Court ruled that accused can directly seek anticipatory bail in cases filed under the SC/ST (Prevention of Atrocities) Act if an FIR lacks prima facie evidence.
A Division Bench of Justice Kanchireddy Suresh Reddy and Justice Vaddiboyina Sujatha held that in such cases, petitions may be filed under Section 438 of the Criminal Procedure Code in the HC without first approaching SC/ST Special Courts. The judges said the bar under Sections 18 and 18A will apply only if prima facie is found, in which case anticipatory bail cannot be entertained.
Rejecting the contention of Additional Public Prosecutor, the Bench clarified that the High Court exercises both original jurisdiction under Section 438 CrPC and appellate jurisdiction under Section 14A of the SC/ST Act. The Registry was directed to place such petitions before the appropriate bench.
The clarification followed petitions by several YSRCP leaders. Former Minister Vidadala Rajani sought anticipatory bail in a case filed in Chilakaluripet on a complaint by TDP leader Pilli Koti. Nellore leader Kakani Govardhan Reddy also filed a petition linked to an illegal mining case, which was later booked under the SC/ST Act.
Justice Tallapragada Mallikarjuna Rao referred to a Division Bench the issue of whether accused must approach Special Courts before seeking anticipatory bail in the High Court.
After hearings, the Bench ruled last week that single judges must assess FIRs for prima facie evidence to decide jurisdiction for bail petitions.