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LALITHA KANNEGANTI
B. Parvathi – Appellant
Versus
State of A. P. – Respondent
ORDER :
(Lalitha Kanneganti, J.)
1. This petition is filed under Section 438 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking pre arrest bail to the petitioner/Accused in the event of her arrest in connection with Crime No. 214 of 2021 of Banaganapalli Police Station, Kurnool District for the offence punishable under Section 409 of the Indian Penal Code, 1860 (for short 'IPC').
2. The case of the prosecution is that prior to 8-8-2021, the accused Smt. Parvathi, the then Special Officer, Banaganapali Gram Panchayat, now working as Divisional Panchayat Officer, Dharmavaram, misappropriated the funds of Banaganapalli Grama Panchayat i.e., cash of Rs.62,92,843/- without bills and records and cash of Rs.2,29,34,808/- against the norms and Rules of Government and without prior permission from Government. After enquiry, the complainant Agraharam Srinivasulu, Divisional Panchayat Officer, Nandyal, gave report against the accused.
3. Heard Sri K. Jyothi Prasad, learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State.
4. Learned counsel for petitioner submits that the petitioner is aged about 58 years and she is falsely implicated
The decision not to grant pre-arrest bail was based on the audit report showing misappropriation of a substantial amount of money by the petitioner.
Pre-arrest bail under Section 482 BNSS requires a special case recorded by Court and cannot be granted routinely even if allegations are serious.
Pre-arrest bail is justified when accusations lack sufficient evidence to warrant custodial interrogation.
Anticipatory bail in serious financial corruption cases should be denied when custodial interrogation is essential to unearth the conspiracy, recover public funds, and evaluate the accused's specific....
The discretion for granting pre-arrest bail under Section 438 of the Code of Criminal Procedure should be exercised sparingly and only in exceptional cases, considering the nature and gravity of the ....
The absence of specific overt acts against the petitioner in the nature of allegations led to the grant of pre-arrest bail under Section 438 of the Cr.P.C.
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