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T. MALLIKARJUNA RAO
Pinnelli Ramakrishna Reddy – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER :
(T. Mallikarjuna Rao, J.)
1. The petitioner/A 1 has filed the Criminal Petition, as per Section 438 of the Code of Criminal Procedure, 1973, seeking anticipatory bail concerning Crime No.48 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 143, 147, 448, 427, 353, 452, 120-B of Indian Penal Code, 1860 ("IPC) read with Section 149 of IPC and Section 3 of Prevention of Damage to Public Property Act, 1984 ("PDPP Act") and Section 131 and 135 of The Representation of the People Act, 1951 ("R.P. Act").
3. In brief, the prosecution case is that on 13.05.2024, around 12:30 PM, at Paluvaigate Village, Rentachintala Mandal, Palnadu District, unidentified individuals entered Polling Booth Station No. 202 and vandalized an EVM (Electronic Voting Machine) and VVPAT (Voter Verifiable Paper Audit Trail) machine before fleeing the scene. Following this incident, on 22.05.2024, a Memo was submitted by the Sub-Inspector of Police, Rentachintala Police Station, to the Junior Civil Judge's Court, Gurazala. The Memo alleged that on 13.05.2024, A.1, A.2 and A.3 unlaw
Anticipatory bail is not granted as a matter of routine; it requires exceptional circumstances, particularly when serious allegations are involved.
Anticipatory bail should be granted only in exceptional circumstances, considering the seriousness of the charges and the potential for witness tampering.
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....
The court reaffirmed that the presumption of innocence and the right to bail are fundamental, particularly when evidence is insufficient to justify continued detention.
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 main legal point established in the judgment is that the High Court should be cautious in interfering with the investigation or trial of a criminal case and should not stall the investigation, ex....
The necessity of custodial interrogation alone is insufficient for granting anticipatory bail; courts must consider the prima facie case and seriousness of allegations.
Anticipatory bail cannot be granted based on vague allegations; the applicant must demonstrate a reasonable belief of imminent arrest linked to specific offenses.
Anticipatory bail is an extraordinary remedy, granted sparingly in serious cases, and requires compliance with court conditions; failure to do so can lead to rejection of bail applications.
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