APHC010080942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] TUESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 1757/2025 Between: Danda Siva Reddy ...PETITIONER/ACCUSED A N D The State Of A P ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. SOMISETTY GANESH BABU Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 O R D E R: This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘the BNSS’) has been filed by the petitioner herein/accused to grant anticipatory bail in connection with an unregistered crime of Medikonduru Police Station, Guntur District. 2. The petitioner apprehends arrest in an unregistered Crime of Medikonduru Police Station, Guntur District for the alleged offences punishable under Sections 3 (1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 read with Section 506 of the Bharatiya Nyaka Sanhita, 2023 (for brevity ‘BNS’). 3. Brief facts of the case of petitioner are that, the petitioner is the owner of the property admeasuring to an extent of Ac.4.10 cents situated at Varagani village, Medikonduru Mandal of Guntur District and the petitioner is eking out his livelihood by doing cultivation in some extent and gave some extent of immovable property on lease; that the petitioner executed a Gift Deed in favour of his daughters viz. Lankireddy Vijetha and Danda Ujwala Reddy to an extent of Ac.1.00 cents and Ac.2.00 cents, respectively, out of Ac.4.10 cents and kept 3 the remaining extent of Ac.1.10 cents in his possession for his livelihood. (b) The petitioner, as per the directions of the Village Revenue Officer viz. Venkata Rao, furnished the immovable property records for issuance of Pattadar Pass Books and Title Deeds, but, the VRO alleged to have intentionally printed the pass books wrongly only to an extent of Ac.3.10 cents out of Ac.4.10 cents; that when the petitioner approached the VRO for verification, he was informed that the cases are pending before the High Court against his brother viz. Rami Reddy regarding different properties; that on inquiry, it was alleged to have revealed that the petitioner’s brother and the VRO wrongly created a pass book in the name of one Bokka Robert to foist a false case against the petitioner under the provisions of the SCs and the STs Act, for the reason that the VRO and one Bokka Roberts were alleged to have belonged to the Scheduled Caste community; that the petitioner was alleged to have called by the VRO continuously, to show his agricultural land, only to create a cause of action basing on which to foist a case under the provisions of the SCs and the STs Act; that the brother of the petitioner viz. Veera Reddy, previously foisted a case under the provisions of the SCs and the STs Act and it was taken 4 cognizance vide Sessions Case No.46 of 2007 on the file of the leaned Special Judge for trial of cases under the SCs and the STs (PoA) Act, 1989, Guntur and the said ended in acquittal vide Judgment, dated 19.02.2008; that besides the said case, a rape case was also alleged to be foisted against the petitioner by his brother. Hence, the Petition. 4. Learned counsel for the petitioner would contend that on 27.01.2025, the petitioner made an application before the Collector, Guntur District requesting him to direct the concerned revenue officials to revise the details mentioned in the pass books issued in favour of the immovable property owned by the petitioner, and to issue new pass books. Learned counsel for the petitioner would further contend that the petitioner anticipates that the brother of the petitioner viz. Veera Reddy in collusion with one Venkata Rao, Village Revenue Officer and Bokka Robert, may foist a false case against the petitioner under the provisions of the SCs and the STs Act, as they belonged to the Scheduled Caste community. 5. Learned Assistant Public Prosecutor representing the State concedes about acquittal of the petitioner in Sessions Case No.46/S/2007 vide Judgment, dated 19.02.2008 on the file of the Special Judge for the trial of cases under the SCs and the 5 STs (PoA) Act, 1989, Guntur, but, it is contended that subsequent thereto, no crime was registered as against the petitioner attracting the provisions of the SCs and the STs (PoA) Act and when no offence is committed by the petitioner attracting the provisions of the SCs and the STs Act and no crime is registered pursuant thereto, the petitioner is not entitled for grant of anticipatory bail. Hence, prays to dismiss the Criminal Petition. 6. Heard both sides. Perused the record. 7. A perusal of the material on record goes to show that previously, the petitioner is accused No.1 in Sessions Case No.46/S/2007 on the file of the Special Judge for the trial of cases under the SCs and the STs (PoA) Act, 1989, Guntur and he along with one Katteboina Sambasiva Rao, was tried of the charges under Section 3 (1) (x) of the SCs and the STs Act and Sections 323 and 506 read with 34 IPC. Admittedly, the petitioner was acquitted of the said charges in terms of Section 235 (1) of the Code of the Criminal Procedure, 1973. 8. A perusal of material on record further goes to show that the petitioner was alleged to have owned an extent of Ac.4.10 cents of immovable property and out of which, he was alleged to have executed Gift Deeds in favour of his daughters 6 viz. Lankireddy Vijetha and Danda Ujwala Reddy to an extent of Ac.1.00 cents and Ac.2.00 cents, respectively and kept the remaining Ac.1.10 cents of immovable property in his possession for his livelihood. 9. It is the contention of the petitioner that one Venkata Rao, Village Revenue Officer of Varagani village intentionally wrongly printed the Pattadar Pass Books, by mentioning the name of one Bokka Robert and when it was questioned to inquire and to issue new pattadar pass books, though the subject property was shown to the revenue officials, the petitioner was alleged to have continuously asked to come to the subject property only to foist a case under the provisions of the SCs and the STs Act by creating a cause of action, with the instigation of the petitioner’s brother viz. Veera Reddy, through Venkata Rao, Village Revenue Officer and one Bokka Robert. 10. Apparently, no case is registered as against the petitioner attracting the provisions of the SCs and the STs Act and it is only the apprehension of the petitioner that at the instance of his brother viz. Veera Reddy, a case might be registered under the aforesaid provisions against the petitioner. Indeed, when no offence has taken place as stated by the petitioner, and no crime is registered, mere apprehension of 7 petitioner is not a ground to seek for anticipatory bail. The Criminal Petition is devoid of merit and force and it is liable to be dismissed. 11. Accordingly, the Criminal Petition is dismissed. As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed. JUSTICE K. SREENIVASA REDDY 25th February, 2025. DNB