The court emphasized that anticipatory bail is warranted when there is a lack of prima facie evidence against the accused and a significant delay in the investigation suggests no immediate necessity for custodial interrogation.

JUDGMENT

1. This petitioner/A.1 has filed the present Criminal Petition invoking the provisions of Sec. 438 of the Code of Criminal Procedure (Cr.P.C.) seeking pre-arrest bail in the event of his arrest in connection with Crime No.16 of 2022, registered at the C.I.D., Police Station, Andhra Pradesh, Amaravati, Mangalagiri.

2. The Petitioner, along with others, stands accused in a case involving the offences punishable under Ss. 120(B), 420, 34, 35, 36, 37, 166, 167 and 217 of the INDIAN PENAL CODE , 1860 (referred to as 'I.P.C.') and Ss. 13(2) read with Sec. 13(1)(a) of the Prevention of Corruption Act, 1988 (referred to as 'P.C. Act').

3. The case against the Petitioner (A.1) and others is based on a report lodged by Alla Rama Krishna Reddy, Member of Legislative Assembly, Mangalagiri, dtd. 27/4/2022, and a subsequent preliminary enquiry report dtd. 6/5/2022, alleging corrupt and illegal activities between 2014 and 2019 by the Petitioner, the former Chief Minister of the State of Andhra Pradesh, and certain other government officials concerning the design of the master plan for the capital city area and the alignment of Inner Ring Road and its connected arterial roads. The alleged purpose is to cause wrongful gain to specific individuals and entities connected to decision-making authorities, leading to corresponding wrongful loss to the general public and the state exchequer. Specific allegations include awarding the initial work for the master plan's preparation to M/s. Surbana International Consultants Private Limited (later changed to M/s. Surbana Jurong Consultancy Private Limited) on a nomination basis, contrary to the prescribed procedures and guidelines of the Central Vigilance Commission. Additionally, there are claims of prescribing a mandate to the bidder to align the master plan with the draft perspective plan, ensuring an increase in the value of lands belonging to Mr Lingamaneni Ramesh and M/s. Heritage Foods. These actions are alleged to be part of a quid pro quo arrangement, including the provision of illegal gratification, such as having the house of Mr Lingamaneni Ramesh on Karakatta Road, Undavalli, at the disposal of the Petitioner.

4. The case of the petitioner/A.1, in brief, is that:

i. The Petitioner, having served as the Chief Minister for the unified State of Andhra Pradesh for over nine years, subsequently became the 1st Chief Minister for the Truncated State of Andhra Pradesh and presently holds the position of Leader of the Opposition in the Andhra Pradesh Legislative Assembly. The crime in question was registered on 9/5/2022, and for the past 16 months, the Petitioner has neither received any notice to appear before the Investigating Agency nor been subject to investigation. In this case, the co-accused sought anticipatory bail, granted by this Court's Order on 6/9/2022 in Crl.P.No(s) 3811 of 2022 and batch.

ii. The primary allegation against the Petitioner is that, based on discussions and inputs, three alignment options for the Inner Ring Road (IRR) were considered, and the Petitioner, as the then Chief Minister, directed the final alignment to derive maximum pecuniary benefit for their close associates. This allegedly led to a manifold escalation in the value of their lands, causing wrongful loss to ordinary ind