Back
VENKATESWARLU NIMMAGADDA
Ramisetty Suresh – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
Venkateswarlu Nimmagadda, J. - This petition is filed under Section 438 of the Code of Criminal Procedure, 1973, to enlarge the petitioners on bail in the event of their arrest.
2. The petitioners are a-3 and a-7 in Crime No.468 of 2022 of Nallapadu Police Station, Guntur (Urban) District.
3. a case under Sections 324, 307 r/w 34 IPC was registered against the petitioners.
4. Heard learned counsel for the petitioners and the learned additional Public Prosecutor for the State.
5. Learned counsel for the petitioners submits that there are no specific overt acts or allegations attributed against the petitioners and they are falsely implicated in this case. Hence, they would pray for grant of anticipatory bail to the petitioners.
6. Learned additional Public Prosecutor opposed the criminal petition and would submit that the investigation in this case is pending. So, he would submit that the petitioners are not entitled to anticipatory bail.
7. In view of the submissions made by learned counsel for the petitioners and learned additional Public Prosecutor, this Court is inclined to grant anticipatory bail to the petitioners, on some conditions.
8. accordingly, this Criminal Petition is
Grant of anticipatory bail based on lack of specific overt acts or allegations against the petitioners.
Grant of anticipatory bail based on the pending nature of the case, lack of arrest, and the petitioner's approach for bail.
The absence of ingredients of a specific criminal offence and the need to balance apprehensions raised by the prosecution with the right of the accused to seek anticipatory bail.
Granting anticipatory bail under Section 438 of Cr.P.C. in light of the circumstances and imposing conditions for release.
Anticipatory bail can be granted when the allegations do not involve severe penalties, and the accused is required to cooperate with the investigation.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
