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 accusations.

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 them, Al due to fear, her brother rejected to accompany with them, they forcibly took her brother in a car, when, she contacted her brother, but, he did not answer. On 12-02-2024, her brother contacted her with his mobile number and narrated that he want cash of Rs. 5,00,000/- through one Gundimeda Siva Kumar and was handed to them at 2.30pm, when she contacted her brother, he did not answer. On 12.02.2024 at 8.05pm, her brother contacted her and requested Rs. 3,00,000/- Since then, her brother did not return back to house, then, she came to police station and presented a written report to take necessary action against the Al and three others, who committed kidnap of her brother from the house on 13.02.2024. Based on the same, police registered the report as a case in Cr.No.127/2014 for the offence punishable under Sections 363, 364-A, 323 and 342 r/w 34 IPC and Sections 3(1)(r)(s) and 3(2)(va) of SCs & STs (POA) Amendment Act, 2015. During the course of investigation, police arrested the Al on 16.02.2024 and send to judicial custody.

4. Learned counsel for the petitioners contended that petitioners/A2 to A4 have been falsely implicated in the case. Learned counsel for the petitioners/A2 to A4 further contended that basing on the confession of A1, the case came to be registered against the petitioners/A2 to A4 and the petitioners are no where concerned with the commission of the offence and they are apprehending arrest in the hands of the police, as such prays to enlarge the petitioners/A2 to A4 on anticipatory bail.

5. On the other hand, learned Assistant Public Prosecutor confirms non-filing of charge sheet by the police and opposed for grant of bail to the petitioners. Learned Assistant Public Prosecutor further submitted that the petitioners have no previous antecedents. He further submitted that the investigation is at crucial stage. Learned Assistant Public Prosecutor further submits that notice given to the defacto complainant under Section 156(3) of Cr. P.C.

6. I have heard both sides. Learned counsel on both sides reiterated their submissions on par with the contentions presented in the petition as well as in the report.

7. It is settled law that while considering the prayer for grant of anticipatory bail, the accusation's nature and gravity and the accused's exact role must be properly comprehended before arrest is made. If there is some doubt as to the genuineness of the Prosecution, the ordinary course of events is that the accused is entitled to an order of anticipatory bail. The Court must adequately exercise its jurisdiction to protect the personal liberty of a citizen. It is also a well-accepted principle that bail is the rule and the jail is the exception. Arrest should be the last option, and it should be restricted to those exceptional