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V. R. K. KRUPA SAGAR
Saladi Veera Venkata Arjuna Seetaram @ Seetaram – Appellant
Versus
State of Andhra Pradesh Rep. by its Public Prosecutor – Respondent
ORDER :
(V.R.K. Krupa Sagar, J.) :
1. This criminal petition under section 482 of the BNSS is filed by the petitioner/accused to grant anticipatory bail in connection with Crime No.270 of 2023 of Indrapalem Police Station of Kakinada District for the offences punishable under Sections 376(2)(n), 354(c), 420, 506, 306 read with 116 of the IPC.
2. Heard arguments of Sri B.V.Rama Rao, the learned counsel for petitioner and learned Assistant Public Prosecutor for respondent/State.
3. The following facts are required to be noticed:
A lady aged 22 years lodged written information dated 19.11.2023 upon which, a FIR.No.270 of 2023 was registered for the offences under sections 417, 420 and 306 read with 116 of the IPC. The allegations do show that since the year 2021, she was learning tailoring work and during that phase, acquaintance developed between her and the accused. The accused used to befriend her and promised to marry her and this love continued for about 3 years. It is alleged that the accused wanted to do business in iron scrapping and required money and in that regard, he obtained Rs.5 lakhs cash and 8 sovereigns of gold from the victim lady. Sometime thereafter, when she demande
An accused cannot seek anticipatory bail for newly added serious charges without challenging the prior bail order; the court emphasized the need for proper legal recourse.
Point of Law : Court, in exercise of power under Section 437(5) or 439(2) of Cr.P.C., can direct for taking into custody accused who has already been granted bail after cancellation of his bail.
Anticipatory bail is not a right and should only be granted in exceptional circumstances, particularly in serious allegations where custodial interrogation is necessary to protect the investigation.
Anticipatory bail remains effective despite the addition of graver offences, unless explicitly cancelled by the court or an arrest order is issued.
(1) Anticipatory bail petition – Once first anticipatory bail is denied without there being any change in fact situation, second application for same relief under Section 438 Cr.P.C. cannot be entert....
Anticipatory bail petitions are maintainable for offences with a penalty of up to seven years, and jurisdictional courts must adjudicate these applications rather than merely disposing them without c....
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