IMPORTANT POINT
Custody in different crimes arising from different transactions cannot be deemed as custody for the purpose of seeking regular bail.

JUDGMENT

1. Heard Mr. Siddharth Luthra, learned Senior Counsel, Mr. Dammalapati Srinivas, learned Senior Counsel, Mr. Pramod Kumar Dubey, learned Senior Counsel, assisted by Mr. Anmol Kheta, Ms. Aditi, Mr. Satyam Sharma, Mr. Ginjupalli Subba Rao, Mr. M. Lakshmi Narayana, Ms. S. Pranathi, Mr. G. Basaveswara Rao, learned counsel, appearing on behalf of the petitioner, and the learned Advocate General for the State.

2. Accused No.1 in Crime No.16 of 2022 on the file of CID Police Station, A.P., Amaravati, Mangalagiri, filed this petition under Ss. 437 and 439 of Cr.P.C., for grant of regular bail in connection with the said crime.

3. The aforesaid crime has been registered for the offences punishable under Ss. 120-B, 420, 34, 35, 36, 37, 166, 167 and 217 I.P.C., and Sec. 13(2) read with 13(1)(a) of the Prevention of Corruption Act, 1988. The said crime has been registered on the basis of a report lodged by one Alla Rama Krishna Reddy, Member of Legislative Assembly, Mangalagiri, dtd. 27/4/2022, and preliminary enquiry report dtd. 6/5/2022, alleging certain corrupt and illegal activities on the part of the petitioner, former Chief Minister of the State of Andhra Pradesh, and certain other Government Officials, between 2014 and 2019, in relation to designing of the master plan for the capital city area and alignment of Inner Ring Road and its connected arterial roads, to cause wrongful gain to certain chosen persons and entities connected to the decision making authorities and thereby causing corresponding wrongful loss to the general public and state exchequer. The allegations were in regard to award of initial work for the preparation of the master plan on nomination basis to M/s. Surbana International Consultants Private Limited (subsequently changed to M/s. Surbana Jurong Consultancy Private Limited), in contravention of the procedure prescribed and guidelines of the Central Vigilance Commission, prescription of mandate to the bidder for concluding the master plan in accordance with the draft perspective plan, ensuring the alignment to secure an increase in the value of lands of Mr. Lingamaneni Ramesh and M/s. Heritage Foods, as quid pro quo arrangement and illegal gratification in terms of keeping the house of Mr. Lingamaneni Ramesh on Karakatta Road, Undavalli, at the disposal of the petitioner, etc.

4. At the outset, it is to be noted that admittedly, the petitioner has not yet been arrested in the present crime. He has been arrested in connection with Crime No.29 of 2021 of CID Police Station, A.P., Mangalagiri, in the intervening night of 08/9/9/2023 and upon production before the Court of the III Additional Sessions Judge-cum-Special Judge for SPE & ACB Cases, Vijayawada, he has been remanded to judicial custody on 10/9/2023. While so, contending that since the petitioner has been in judicial custody in Crime No.29 of 2021 of CID Police Station, he cannot move an application seeking anticipatory bail, under Sec. 438 Cr.P.C., in the present crime, and that the judicial custody of the petitioner in respect of Crime No.29 of 2021 of CID Police Station, should be treated as deemed judicial custody in the present crime also and he should be granted regular bail in the present crime, the present petition under Ss. 437 & 439 of Cr.P.C. has been filed.

5. So far as the maintainability of this petition under Ss. 437 and 439 of Cr.P.C. is concerned, it is argued by the learned Senior Counsel appearing for the petitioner that the petitioner, having been arrested in connection with Crime No.29 of 2021 of CID Police Station, A.P., Mangalagiri, in the intervening night of 08/9/9/2023, is in judicial custody since 10/9/2023, and that the police are now making efforts to secure the custody of the petitioner in connection with the present crime, and as the petitioner, being in judicial custody, cannot move an application under Sec. 438 Cr.P.C., seeking anticipatory bail, the present petition for regular bail has been filed. It is contended