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V. R. K. KRUPA SAGAR
Yarram Prasad Reddy, S/o. Sanjiva Reddy – Appellant
Versus
State Of Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra Pradesh At Amaravati – Respondent
ORDER :
(V.R.K. Krupa Sagar, J.) :
These are two regular bail petitions and two anticipatory bail petitions pertaining to one crime incident.
2. Criminal Petition No.6649 of 2024, under Sections 437 and 439 of Cr.P.C. (New Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023), is filed by the petitioners/accused Nos.1 to 7, 9, 10, 12 to 15, 18, 21 to 25, 27 and 28 seeking regular bail in Crime No.80 of 2024 of Kurichedu Police Station, Prakasam District, registered for the offences punishable under Sections 191(2), 191(3),118, 115(2), 351(2), 109 and 333 read with 190 of BNS.
3. Criminal Petition No.6650 of 2024, under Section 438 of Cr.P.C. (New Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023), is filed by the petitioners/accused Nos.8, 16, 17, 19 and 26 seeking anticipatory bail in connection with Crime No.80 of 2024 of Kurichedu Police Station, Prakasam District, registered for the offences punishable under Sections 191(2), 191(3), 118, 115(2), 351(2), 109 and 333 read with 190 of BNS.
4. Criminal Petition No. 6764 of 2024, under Sections 437 and 439 of Cr.P.C. (New Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023), is filed by the petit
The court established that a fair investigation is crucial in determining bail, especially in politically charged cases.
The integrity of the investigation is critical in bail considerations; if tampering or irregularities are present, bail may be denied.
The court established that the severity of charges and potential for witness tampering are critical factors in bail considerations, alongside the duration of pre-trial detention.
The court established that in bail applications, the nature of accusations and the progress of investigation are critical factors, and undue delay in investigation may favor granting bail.
The court emphasized that prolonged detention without conclusive evidence and the absence of flight risk warrant the granting of bail.
The court denied anticipatory bail due to sufficient evidence of involvement in a politically motivated violent incident, emphasizing the need for public order and the integrity of the investigation ....
Anticipatory bail petitions under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 are not maintainable unless prima facie evidence exists, as per Sections 18 and 18....
The jurisdiction for anticipatory bail in caste atrocity cases is reserved for special courts under the Scheduled Castes Act, reaffirming the necessity for prima facie evidence for jurisdictional app....
The court established that the absence of criminal antecedents and completion of investigation justified granting bail, emphasizing the need for conditions to ensure compliance.
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