2022 Supreme(AP) 1335

ANDHRA PRADESH HIGH COURT AT AMARAVATI
K.Manmadha Rao, J.
Reddy Anand Kumar & Ors. – Appellants
Versus
State of Andhra Pradesh – Respondent
Criminal Petition No. 3023 of 2022
Decided On : 12-05-2022

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 the first petitioner/a1 to surrender before the trial Court and seek bail.

Headnote:

Anticipatory Bail - Criminal Procedure - The court found that specific allegations were made against the first petitioner/a1 regarding alleged harassment with illegal demands, making him not entitled to anticipatory bail. However, there were no specific allegations against the other petitioners/a-2 to a-4, and the Investigating Officer was directed to follow the procedure under Section 41a Cr.P.C. and the guidelines prescribed by the Hon'ble apex Court in Arnesh Kumar v. State of Bihar and another (2014) 8 SCC 273 case scrupulously. The first petitioner/a1 was directed to surrender before the trial Court and seek bail, with the trial Court instructed to dispose of the bail application on the same day if filed within fifteen days from the date of receipt of the order.

Fact of the Case:

The petition was filed seeking pre-arrest bail for the petitioners/a1 to a4 in connection with a case registered for offences under various sections of the Indian Penal Code and the Dowry Prohibition Act.

Finding of the Court:

The court found specific allegations against the first petitioner/a1, making him not entitled to anticipatory bail, but no specific allegations against the other petitioners/a-2 to a-4. The first petitioner/a1 was directed to surrender before the trial Court and seek bail, with the trial Court instructed to dispose of the bail application on the same day if filed within fifteen days from the date of receipt of the order. The Criminal Petition was disposed of.

Issues: The main issue was the entitlement to anticipatory bail for the petitioners/a1 to a4 in connection with the registered offences.

Ratio Decidendi: The court's decision was based on 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 the first petitioner/a1 to surrender before the trial Court and seek bail.

Final Decision: The Criminal Petition was disposed of, with the first petitioner/a1 directed to surrender before the trial Court and seek bail, and the trial Court instructed to dispose of the bail application on the same day if filed within fifteen days from the date of receipt of the order.