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V. R. K. KRUPA SAGAR
Mulpuri Prabhu Kanth AT Prem Kumar – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
Since all the criminal petitions arise in same crime and as they are heard together, they are now to be disposed of by this common order.
2. Crl.P.No.5202 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 petitioner/A.5 to grant regular bail in connection with Crime No.137 of 2023 of Gannavaram Police Station, Krishna District, registered for the offences punishable under Sections 143, 147, 148, 435, 436, 450, 452, 506 and120-B read with 149 of I.P.C.
3. Crl.P.No.5375 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/A.9, A.10, A.12, A.26, A.33, A.41, A.44, A.48, A.57, A.58, A.59, A.60, A.66 and A.70 to grant regular bail in connection with Crime No.137 of 2023 of Gannavaram Police Station, Krishna District, registered for the offences punishable under Sections 143, 147, 148, 435, 436, 450, 452, 506 and120-B read with 149 of I.P.C.
4. Crl.P.No.5468 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 petiti
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 emphasized that prolonged detention without conclusive evidence and the absence of flight risk warrant the granting of bail.
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 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 ....
The court reaffirmed that the presumption of innocence and the right to bail are fundamental, particularly when evidence is insufficient to justify continued detention.
Bail is a right, not a privilege, and should not be denied without substantial justification, especially when the investigation is complete.
The court established that a fair investigation is crucial in determining bail, especially in politically charged cases.
Point of Law : Impact of grant of anticipatory bail particularly in cases of large magnitude affecting a very large number of people.
The integrity of the investigation is critical in bail considerations; if tampering or irregularities are present, bail may be denied.
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....
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