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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
T. MALLIKARJUNA RAO
P. V. Mudhun Reddy @ Peddireddi Venkata Midhun Reddy – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER :
T. MALLIKARJUNA RAO, J.
1. The petitioner has filed the Criminal Petition by invoking the provisions of Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 [for short, “BNSS’) seeking pre-arrest bail in the event of his arrest in connection with Crime No.21 of 2024 involving offences punishable under Sections 420, 409, and 120-B of the Indian Penal Code, 1860 (referred to as the 'I.P.C.'), registered at the C.I.D., Police Station, Andhra Pradesh, Mangalagiri.
2. The prosecution's case, as outlined in the report dated 23.09.2024, is as follows:
i. On 23.09.2024 at 22:00 hrs, a report was received from Sri Mukesh Kumar Meena, Principal Secretary to the Government of Andhra Pradesh, via Memo No. Rev-01/CPE/20/2024-VIG-IV, dated 20.09.2024. The complainant outlined concerns regarding irregularities and corruption in APSBCL from October 2019 to March 2024. The report referenced multiple communications, including the Government Memo No. Rev- 01/P&E/Complaints/2024, dated 09.09.2024, and a letter from the MD, APSBCL (Lr.No.APSBCL/OFS/2024-25, dated 18.09.2024), along with its enclosures.
ii. One Y. Venkateswara Rao Srinivas made a representation alleging irregularities in the Andhr
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 should be granted based on reasonable grounds and exceptional circumstances, and the fears of the petitioner must be rooted in objective facts.
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.
Anticipatory bail can be denied if the applicant fails to comply with court orders and conditions, especially in serious cases involving multiple FIRs.
Anticipatory bail is an extraordinary remedy that should be granted sparingly, especially in serious cases, and requires strict compliance with court-imposed conditions.
Anticipatory bail is not a routine remedy, especially in serious offences involving public trust; the accused's presence is essential for investigation and trial.
Point of Law : Bail - Power under Section 438 CrPC is an extraordinary power and the same has to be exercised sparingly. The privilege of the pre arrest bail should be granted only in exceptional cas....
The court emphasized the exceptional nature of anticipatory bail under Section 438 of the Code of Criminal Procedure, highlighting the need to balance personal liberty with the investigative rights o....
(1) No right per se is available to a third party to intervene and/or address Court, ceteris paribus, in relation to anticipatory bail.(2) Anticipatory bail – Legitimate concern of State has to be fa....
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