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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
T MALLIKARJUNA RAO
Vidadala Rajani – Appellant
Versus
State Of Andhra Pradesh – Respondent
Key Points: - The court discusses that anticipatory bail requires exceptional circumstances and that mere political motivation or uncorroborated allegations may be insufficient to deny bail (!) (!) (!) (!) - Section 17A of the PC Act: prior approval is required only for offences relatable to recommendations/decisions by public servants in discharge of duties; not all acts require approval; the court analyzes whether A.1’s alleged act falls within 17A’s scope (!) (!) (!) (!) (!) - The judgment notes that for offences punishable <7 years, preliminary enquiry under BNSS Section 173(3) may be required; absence of preliminary enquiry does not invalidate investigation, but 173(3) provides for preliminary inquiry before FIR if applicable (!) (!) (!) (!) (!) - The court disposes of petitions with directions to follow Section 41A Cr.P.C. and Section 35(3) BNSS, and to provide address details and avoid public comments; notes Arnesh Kumar guidelines for arrest and bail (!) (!) (!) - The court considers that Section 386 IPC may not be applicable and suggests Section 384 IPC instead; discusses elements of extortion under IPC and related evidence concerns (!) (!) (!) (!) - The order states the investigation should proceed without influence from observations in the order; the petitioners must cooperate (!)
COMMON ORDER:
T MALLIKARJUNA RAO, J.
1. Since these Criminal Petitions are filed, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS'), seeking anticipatory bail by different accused i.e., Crl.P.No.3375 of 2025 (filed by A.1), Crl.P.No.3493 of 2025 (filed by A.3) and Crl.P.No.3455 of 2025 (filed by A.4) in same crime viz., Cr.No.01/RCO-CIU-ACB/2025 of Central Investigation Unit, Andhra Pradesh, Vijayawada, they are being taken up together for disposal by way of this Common Order.
2. The above crime was registered against the petitioners and another for the offence punishable under sections 7, 7A of the Prevention of Corruption (Amendment) Act, 2018 (for short 'the PC Act') and sections 384, 120B of the Indian Penal Code, 1860 (for short, 'IPC'). During the investigation, the investigating officer subsequently altered the offence under Section 384 IPC to Section 386 IPC.
3. The prosecution's case, in brief, is that the Vigilance & Enforcement (V&E) Department conducted an enquiry based on a representation from Sri Nallapaneni Chalapathi Rao, Managing Partner of Sri Lakshmi Balaji Stone Crushers, Edlapadu, Palnadu District. The complaint alleged that Smt.
Anticipatory bail can be granted if no prima facie case exists, especially when allegations are politically motivated or lack corroboration.
Point of Law : Power under Section 482 Cr.P.C. to quash criminal proceedings, High Court would have to proceed entirely on basis of allegations made in complaint or documents accompanying same per se....
Enquiry or Inquiry or investigation of offences decision taken by public servant in discharge of official functions or duties - Once a constitutional court examines and satisfies itself about necessi....
Anticipatory bail cannot be granted based on vague allegations; the applicant must demonstrate a reasonable belief of imminent arrest linked to specific offenses.
(1) Pre-arrest bail – There cannot be presumption of guilt to deprive a person of his liberty without an opportunity before Court.(2) No arrest can be made routinely on a mere allegation of commissio....
The main legal point established in the judgment is the requirement of prior approval for investigation under Section 17A of the Prevention of Corruption Act, 1988, as amended, and its implications f....
Prior approval under Section 17A of the Prevention of Corruption Act is only required for offenses relating to public officials' duties; misconduct that constitutes a crime does not benefit from this....
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