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T. MALLIKARJUNA RAO
Pinapala Uday Bhushan – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
(T. Mallikarjuna Rao, J.)
The Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed on behalf of the petitioner herein to grant anticipatory bail in connection with Crime No.45 of 2024 of Pulivendula Police Station, registered for the offences punishable under Sections 469, 471 and 509 IPC and Section 66-D ITA-2000-2008.
2. Case of the prosecution, in brief, is that on 03.02.2024 at about 10.00 AM, the defacto complainant lodged a report before the police stating that some unknown persons were created fake ID in facebook in the name of defacto complainant and posting explicit and defamatory content about Smt.Y.S.Sharmila and Smt.Y.S.Sunitha and abusing them in filthy language. The propagation of such false narratives not only inflicts irreparable harm upon the affected families but also subjects the targeted individuals to unwarranted public scrutiny and emotional distress and also defacto complainant defamed in the eyes of society.
3. Heard. Perused the record.
4. As seen from the record, it is not in dispute that the offences alleged against the petitioner herein are less than seven years of imprisonment and the investigation officer had issue
Anticipatory bail applications are maintainable even after issuance of notice under Section 41A Cr.P.C., provided there is apprehension of arrest.
Apprehension of arrest does not completely vanish away on issuance of notice of appearance under Section 41A of Cr.P.C. and Courts cannot evade to entertain application under Section 438 Cr.P.C.
The grant of anticipatory bail is dependent on the merits of the case, and the issuance of bailable warrants does not preclude the court from granting anticipatory bail.
Grant of anticipatory bail based on lack of specific overt acts or allegations against the petitioners.
Anticipatory bail may be granted when allegations are civil in nature, ensuring proper conditions to safeguard judicial proceedings.
The court considered the prima facie case and the requirement of accused for custodial interrogation in granting anticipatory bail to the applicants, and referred to various judgments to support its ....
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