Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
T MALLIKARJUNA RAO
Vidadala Rajani – Appellant
Versus
State Of Andhra Pradesh – Respondent
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....
Point of law: Prevention of corruption – Good faith - Section 17A of the Prevention of Corruption Act cannot be made applicable in those cases where the act of the public servant that amounts to an o....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
