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T. MALLIKARJUNA RAO
Koralapati Gopi Krishna – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
T. Mallikarjuna Rao, J.
1. The Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed on behalf of the petitioners/A2 to A4 herein to grant anticipatory bail in connection with Crime No. 127 of 2024 of Nallapadu Police Station, Guntur District.
2. A case has been registered against the petitioners herein and others for the offence punishable under Section 363, 364-A, 232 and 342 read with 34 of the Indian Penal Code (for short 'the IPC') and Sections 3(1)(r)(s) and 3(2)(va) of SCs & STs (POA) Amendment Act, 2015.
3. The Prosecution's case, in brief is that the complainant Epuru Sunitha is a resident of Epuru Village. She came to his brother's house on 11.02.2024 to look-after the baby of her brother and stayed at his house. On the same day at about 5.00 PM, four male persons came to the house, while her brother Kolikapudi Nagendra Babu was in the house and they discussed with her brother that they want to come out for discussion. When she asked her brother as to whom they are, then he narrated that he took money from Muni of Hyderabad, he contacted him so many times for his money, he did not lift the phone. Muni may sent the said persons. Out of
Anticipatory bail can be granted if there are reasonable grounds to doubt the prosecution's case, emphasizing the presumption of innocence and the need for careful consideration of the nature of accu....
Anticipatory bail was granted as the evidence against the accused was insufficient to satisfy the elements of kidnapping for ransom under IPC, and no flight risk was present.
The court's decision emphasized the importance of prima facie evidence and the admissibility of witness statements in considering applications for anticipatory bail.
The main legal point established in the judgment is the interpretation of section 3(2)(v) of the SCST Act and the application of section 18 and 18-A of the SCST Act in determining the maintainability....
The High Court lacks jurisdiction to grant anticipatory bail under the SC/ST Act when a prima facie case exists, as remedies lie in appealing the Special Court's decision.
The High Court lacks jurisdiction to grant anticipatory bail under the SC/ST Act, necessitating an appeal against the Special Court's decision if bail is denied.
Section 18 bar on anticipatory bail under SC/ST Act applies only where prima facie offence of caste-based humiliation in public view established; absent specific allegations against family members, b....
Anticipatory bail is granted when there is insufficient prima facie evidence for abetment of suicide, emphasizing the presumption of innocence and the need for direct incitement.
(1) Anticipatory bail application is maintainable in SC/ST Act offences in a given case.(2) In matter of grant of anticipatory bail there is no distinction whether a person apprehends arrest at hands....
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