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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
3327 - K SREENIVASA REDDY
Koneru Satyanarayana – Appellant
Versus
Supdt. of Police – 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 herein/accused No.1 to grant anticipatory bail in connection with Crime No.RC2182025A0002 of CBI, AC-III, New Delhi.
2. A case has been registered against the petitioner herein/accused No.1 and other accused for the offences punishable under Section 61 (2) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘BNS’) and Sections 7, 8, 9, 10, 11 and 12 of the Prevention of Corruption Act, 1988 (for brevity ‘PC Act’) as amended in 2018.
3. Brief facts of the case of prosecution are that, the Koneru Lakshmaiah Education Foundation (KLEF) is a Deemed to be University, accredited by NAAC with A++ grade and it is due to reaccreditation by NAAC for the period 2024-2029.
(b) The National Assessment and Accreditation Council (NAAC), an autonomous body, established by the University Grants Commission (UGC) has the mandate to assess and accredit institutions of higher learning, universities and colleges or one or more of their units i.e. Departments, schools, institutions, programmes etc.
(c) There was credible information which revealed th
Anticipatory bail may be granted in exceptional circumstances, balancing individual liberty against the integrity of the investigation, particularly when the alleged offences do not exceed seven year....
Anticipatory bail is not a matter of right and should be denied in corruption cases where substantial evidence exists, to prevent interference with the investigation.
The court dismissed anticipatory bail petitions due to the serious nature of allegations against the petitioner, emphasizing the need for custodial interrogation and the risk of witness tampering.
Parameters for grant of anticipatory bail in a serious offence are required to be satisfied and further while granting such relief, Court must record reasons therefor. Anticipatory bail can be grante....
(1) Court should be slow in granting anticipatory bail in corruption cases.(2) Cancellation of bail must be done only for cogent and overwhelming reasons – Nevertheless, setting aside an unjustified ....
Anticipatory bail should not be granted routinely in serious economic offences involving large-scale fraud, as custodial interrogation is crucial for effective investigation.
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....
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