IN THE HIGH COURT OF ANDHRA PRADESH
SRI JUSTICE K SREENIVASA REDDY, J
Y. Vikranth Reddy, S/o. Y.V. Subba Reddy – Appellant
Versus
State of Andhra Pradesh, Through its SHO, CID Police Station, Mangalagiri, Andhra Pradesh, Rep. by. Public Prosecutor, High Court of A.P. – Respondent
ORDER :
This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘the BNSS’), has been filed on behalf of the petitioner/accused No.1 to grant anticipatory bail in connection with Crime No.30 of 2024 of CID PS., Mangalagiri.
2. A case has been registered against the petitioner/accused No.1 and other accused for the offences punishable under Sections 506, 384, 420, 109, 467, 120B read with 34 of the Indian Penal Code, 1860 (for short, ‘IPC’) and Section 111 of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘BNS’).
3. Pursuant to a report dated 02.12.2024 lodged by 2nd respondent/defacto complainant, the subject crime came to be registered. The allegations, in brief, are as follows:
(a) M/s. Kakinada Seaports Limited (for short, ‘KSPL’) is a concessionaire from the Government of Andhra Pradesh (for short, ‘GoAP’) vide Concession Agreement dated 19.03.1999, to carry on business of Kakinada Deep Water Port (for short, ‘KDWP’). KSPL made huge investments and developed KDWP. It became a profit-making company. M/s. Kakinada SEZ Limited (for short, ‘KSEZ’) acquired 8320 acres of land in various villages around Kakinada for setting up of SEZ and the G
Siddharam Satlingappa Mhetre v. State of Maharashtra
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The main legal point established is that exoneration in civil nature adjudication does not preclude fresh consideration on the point of charge in criminal proceedings.
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The transfer of shares without proper documentation and board resolution constituted a prima facie case for trial, and the pendency of a civil proceeding cannot bring an end to a criminal proceeding.
Point of law: While laying down cast-iron rules in a matter like granting anticipatory bail, it is apt to be overlooked that even judges can have but an imperfect awareness of the needs of new situat....
Point of law: While laying down cast-iron rules in a matter like granting anticipatory bail, it is apt to be overlooked that even judges can have but an imperfect awareness of the needs of new situat....
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The court emphasized the right to bail based on substantial incarceration and the principle of parity, finding that serious charges under IPC were not prima facie established against the applicant.
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