K. MANMADHA RAO
Reddy Anand Kumar – 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 (for short 'Cr.P.C.') seeking pre-arrest bail to the petitioners/a1 to a4 in the event of their arrest in connection with Crime No.22 of 2022 of Women Police Station, Krishna District, registered for the offences punishable under Sections 498-a, 307, 342, 384, 506, 323, 417 r/w 34 I.P.C and Sections 3 and 4 of the Dowry Prohibition act.
2. Heard learned counsel for the petitioners and learned Special assistant Public Prosecutor for the respondent-State.
3. as can be seen from the contents of F.I.R., specific allegations are made against a-1 regarding the alleged harassment said to have been caused by him to the de facto complainant with illegal demands. Therefore, the accusation made against the 1st petitioner, who is a-1 is prima facie well founded from the record. Therefore, he is not entitled to anticipatory bail.
4. However, there are no specific allegations against the petitioners/a-2 to a-4 and only omnibus allegations are made against them. Therefore, the Investigating Officer is directed to follow the procedure contemplated under Section 41a Cr.P.C. and the guideli
Arnesh Kumar vs. State of Bihar and another (2014) 8 SCC 273
The court's decision was influenced by the specific allegations made against the first petitioner/a1, the lack of specific allegations against the other petitioners/a-2 to a-4, and the direction for ....
Entitlement to anticipatory bail based on specific allegations of harassment and illegal demands.
The court applied the principle laid down in arnesh Kumar v. State of Bihar case, emphasizing the need to follow the procedure under Section 41-a of Cr.P.C for offences punishable with less than seve....
Anticipatory bail can be granted in serious allegations, balancing the gravity of charges with the rights of the accused under specific conditions.
Anticipatory bail can be granted under Section 438 when allegations do not warrant preemptive detention, provided conditions to protect ongoing investigations are set.
Grant of anticipatory bail based on the pending nature of the case, lack of arrest, and the petitioner's approach for bail.
The court emphasized the importance of following the prescribed procedure and guidelines in cases involving allegations of harassment for dowry and directed the police to do so.
The court determines that allegations of dowry demand do not justify custodial interrogation at the stage of anticipatory bail consideration.
Granting anticipatory bail under Section 438 of Cr.P.C. in light of the circumstances and imposing conditions for release.
The court may grant anticipatory bail where the allegations lack specific particulars of harassment, the accused have no criminal antecedents and are willing to cooperate with the investigation.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.