Back
T. MALLIKARJUNA RAO
Pinnelli Rama Krishna Reddy – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER :
1. The Petitioner/A.1 has filed the Criminal Petition, as per Section 480 and 483 of Bharatiya Nagarik Suraksha Sanhita 2023 (for short, “BNSS”), seeking regular bail concerning Crime No.53 of 2024, registered at the Rentachinthala Police Station of Palnadu District.
2. A case has been registered against the petitioner and others for the offences punishable under Section 147, 148, 324, 307 read with Section 149 of the Indian Penal Code, 1860 ("IPC) and Section 131(2) of The Representation of the People Act, 1951 (“RP Act”).
3. In brief, the Prosecution’s case is that on 13.05.2024, general elections were conducted in the Andhra Pradesh State. The defacto complainant, acting as an agent for the Telugu Desam Party at polling station 202 of Palavaigate, reported that the Petitioner visited the polling booth at 10:30 AM and subsequently left. Later, around noon, the Petitioner returned to the polling booth with A.2 and A.3 and allegedly damaged the EVM machine. When questioned by the defacto complainant about the incident, the Petitioner reportedly threatened him. After this altercation, the Petitioner left the polling station but returned shortly after that. Upon leaving again, p
The court reaffirmed that the presumption of innocence and the right to bail are fundamental, particularly when evidence is insufficient to justify continued detention.
Anticipatory bail should only be granted under exceptional circumstances; the court must consider the nature of accusations, the applicant's history, and potential risks to public safety and the inve....
Anticipatory bail should be granted only in exceptional circumstances, considering the seriousness of the charges and the potential for witness tampering.
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 main legal point established in the judgment is that the grant of bail depends on various factors, including the nature of the offence, the presumption of innocence, and the need for a humane att....
Point of Law : Impact of grant of anticipatory bail particularly in cases of large magnitude affecting a very large number of people.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
