K. MANMADHA RAO
G. C. Chinna Venkata Ramudu @ Boya Venkata Ramudu – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
Dr. K.Manmadha Rao, J. - This petition is filed under Section 438 of the Code of Criminal Procedure, 1973, to enlarge the petitioner on bail in the event of his arrest in connection with Crim*-*e No.69 of 2022 of Gorantla Police Station.
2. Heard learned counsel for the petitioner and learned Special assistant Public Prosecutor for the respondent-State.
3. The petitioner herein is a3 in the above crime. The averments in the complaint would show that the petitioner(a3) along with a1, a2 and a4, in pursuance of their criminal conspiracy, forged the signature of the complainant and fabricated fake pattadar passbook and got registered the land of the complainant in the name of Oliver Vanijya Private Limited, Calcutta and thereby cheated the complainant with dishonest intention.
4. Learned additional Public Prosecutor opposed the bail stating that it is not a fit case to grant anticipatory bail.
5. On perusal of the record, the alleged offence was occurred in the year 2013 whereas the complaint was lodged in the year 2022. One K.Bhaskar Reddy, who is a1 in the above crime filed Crl.P.No.2897 of 2022 for quashing the proceedings against him. On 21.04.2022, this Court passed an interi
The court's decision was guided by the specific procedures prescribed under Section 41-a Cr.P.C. and the guidelines established in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273.
Anticipatory bail can be granted when there is insufficient evidence to justify the arrest of the accused.
Grant of anticipatory bail based on the pending nature of the case, lack of arrest, and the petitioner's approach for bail.
Anticipatory bail – Where penal provisions are punishable by imprisonment of less than seven years, court can to give direction to follow Section 41-A, Cr.P.C., procedure.
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