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J. B. PARDIWALA, R. MAHADEVAN
P. Krishna Mohan Reddy – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
SPECIAL LEAVE PETITIONS (CRL.) NO. 7533-34 OF 2025
1. Since the issues involved in the two petitions i.e. SLP (Crl.) No. 7532 of 2025 and SLP (Crl.) No. 7533 of 2025 wherein anticipatory bail is being prayed for are same and the challenge is also to the self-same common impugned order passed by the High Court of Andhra Pradesh at Amaravati denying anticipatory to the petitioners, those were taken up for hearing analogously and are being disposed of by this common order.
2. The petitioners have been denied anticipatory bail by the High Court in connection with Crime No. 21 of 2024 registered at CID Police Station, Angalagiri, Guntur District for the offence punishable under Sections 409, 420, 12-B read with Sections 34 & 37 of the Indian Penal Code, 1860 respectively (now Sections 316(5), 318(4), 61(2), 3(5) & 3(8) of the Bharatiya Nyaya Sanhita, 2023) & Sections 7, 7A, 8 and 13(1)(b) and 13(2) of the Prevention of Corruption Act, 1988.
3. We need not delve much into the case of the prosecution as put up, more particularly, when the High Court has reproduced the same exhaustively in its impugned order dated 7-5-2025 passed in Criminal Petition No. 4837/2025 and Criminal Petiti
(1) Anticipatory bail - Denial - It would be preposterous as a proposition of law to say that if custodial interrogation is not required that by itself is sufficient to grant anticipatory bail - Cust....
Anticipatory bail under Section 438 of Cr.P.C. is to be granted sparingly, especially in serious drug-related offences, where custodial interrogation is necessary for a proper investigation.
Anticipatory bail under Section 438 Cr.P.C. should be granted sparingly, especially in serious cases involving potential conspiracy and where custodial interrogation is necessary for investigation.
Anticipatory bail cannot be granted based on vague allegations; the applicant must demonstrate a reasonable belief of imminent arrest linked to specific offenses.
Anticipatory bail under Section 438 of Cr.P.C. should be granted sparingly, especially in serious narcotics cases where the applicant's release may impede ongoing investigations.
Point of Law : By conspiracy, a mere agreement is not enough. Some act or illegal omission must take place in pursuance of the conspiracy and in order to the doing of the thing conspired.
The court emphasized the exceptional nature of anticipatory bail under Section 438 of the Code of Criminal Procedure, highlighting the need to balance personal liberty with the investigative rights o....
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