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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Y.LAKSHMANARAO
Chitrachedu Chinna Subbanna, S/O. Chitrachedumallana – Appellant
Versus
State of Andhra Pradesh, rep. by its public prosecutor high court of A.P, through Ananthapuramu Rural P.S – Respondent
COMMON ORDER:
The Criminal Petition No.7858 of 2025 was filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS ’), seeking grant of pre-arrest bail for the Petitioner/Accused No.6. The Criminal Petition No.7947 of 2025 filed under Sections 480 & 483 of ‘the BNSS ’ seeking for grant of regular bail to the Petitioners/Accused Nos.1 to 5 who have been languishing in the jail. Since the two cases arise out of the one crime, it is felt convenient to dispose of the two Criminal Petitions by this common order.
2. Facts, in brief, of the prosecution are that on 10.06.2025 at about 11:00 a.m., an incident involving wrongful restraint and culpable homicide not amounting to murder occurred at Survey No.95-2, Plot No. 6, situated in Nalla Narsingaiah Colony, Rachanapalli Village, Ananthapuramu Rural Mandal. The alleged offence took place while the complainant, Reddivaari Nagaraju, and his father, the deceased Reddyvari Konaiah, aged 76 years, were engaged in laying measurements on their house site. It is alleged that the accused persons, namely (1) Parnapalli Gangadhar, (2) Pamapalli Rajamma, wife of P.Gangadhar, (3) Parnapalli Lakshmi Prasad, son of P.Gan
The absence of guilty intent concerning culpable homicide was emphasized, leading to the grant of pre-arrest bail and regular bail under specific conditions.
The court emphasized that pre-arrest bail cannot be denied based on vague, omnibus allegations lacking specific overt acts attributed to each accused.
Pre-arrest bail can be granted to relatives accused of harassment based on assessed risks, while a spouse may be denied bail due to serious allegations.
Bail may be granted even in serious offences if the accused's fair trial rights are violated, and no compelling reason for continued incarceration exists.
Court grants pre-arrest bail under strict conditions, emphasizing cooperation in ongoing investigations.
The court denied pre-arrest bail based on established prima facie evidence of impersonation and extortion, emphasizing the need to maintain investigative integrity and considering the petitioners' cr....
Pre-arrest bail is not granted as a matter of course; refusal is justified when serious allegations necessitate custodial interrogation.
Pre-arrest bail cannot be granted if risks to investigation exist and accusations are serious.
Pre-arrest bail may be denied when serious accusations necessitate custodial interrogation to protect the investigative process.
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