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2022 Supreme(AP) 1186

ANDHRA PRADESH HIGH COURT AT AMARAVATI
Venkateswarlu Nimmagadda, J.
Ramisetty Suresh & Ors. – Appellants
Versus
State of Andhra Pradesh – Respondent
Criminal Petition No. 3919 of 2022
Decided On : 09-06-2022

Advocates appeared:
Satyanarayana Nimmala, Advocate

Grant of anticipatory bail based on lack of specific overt acts or allegations against the petitioners.

Headnote:

Anticipatory Bail - Criminal Procedure - The court granted anticipatory bail to the petitioners under Section 438 of the Code of Criminal Procedure, 1973, with specific conditions.

Fact of the Case:

The petitioners sought anticipatory bail in a case registered against them under Sections 324, 307 r/w 34 IPC.

Finding of the Court:

The court granted anticipatory bail to the petitioners, directing them to surrender within 15 days and abide by specific conditions upon release.

Issues: Entitlement to anticipatory bail, pending investigation, specific overt acts or allegations against the petitioners.

Ratio Decidendi: The court considered the submissions of both parties and granted anticipatory bail to the petitioners based on the lack of specific overt acts or allegations against them.

Final Decision: The petitioners were directed to surrender within 15 days and were granted anticipatory bail with specific conditions.

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 disposed of directing the petitioners to surrender before the concerned Station House Officer within 15 days from the date of this order. On such surrender, the petitioners shall be released on bail on their executing a personal bond for a sum of Rs.50,000/-(Rupees fifty thousand only) each with two sureties each for a likesum each to the satisfaction of concerned Station House Officer. Further, on such release, the petitioners shall abide by the conditions mentioned under Section 438(2) of Cr.P.C as under;

    1) The petitioners shall make themselves available for interrogation by a police officer as and when required.

    2) The petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts and circumstances of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

    9. as a sequel, miscellaneous petitions pending if any, shall stand closed.

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