IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
T. MALLIKARJUNA RAO,
Korlapati Gopi Krishna S/o Narayana Hindu – Appellant
Versus
State of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. circumstances of the criminal case and offenses alleged. (Para 1 , 2 , 3) |
| 2. arguments for and against anticipatory bail. (Para 4 , 5) |
| 3. court's evaluation of evidence and legal applicability. (Para 6 , 7 , 8 , 9) |
| 4. conditions imposed for granting anticipatory bail. (Para 10) |
| 5. final order allowing anticipatory bail. (Para 11) |
ORDER :
T.MALLIKARJUNA RAO, J.
1. The Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed on behalf of the petitioners/A2 to A4 herein to grant anticipatory bail in connection with Crime No.127 of 2024 of Nallapadu Police Station, Guntur District.
2. A case has been registered against the petitioners herein and others for the offence punishable under Section 363 , 364-A, 232 and 342 read with 34 of the INDIAN PENAL CODE (for short ‘the IPC’) and Sections 3(1)(r)(s) and 3(2)(va) of SCs & STs (POA) Amendment Act, 2015.
3. The case of the prosecution is as follows:
The complainant Epuru Sunitha is a resident of Epuru Village. She came to his brother’s house on 11.02.2024 to look-after the baby of her brother and staying at house. On the same day at about 5.00 PM, four male persons came to the house, while her brot
Anticipatory bail was granted as the evidence against the accused was insufficient to satisfy the elements of kidnapping for ransom under IPC, and no flight risk was present.
Anticipatory bail can be granted if there are reasonable grounds to doubt the prosecution's case, emphasizing the presumption of innocence and the need for careful consideration of the nature of accu....
Grant of anticipatory bail based on lack of specific overt acts or allegations against the petitioners.
The absence of ingredients of a specific criminal offence and the need to balance apprehensions raised by the prosecution with the right of the accused to seek anticipatory bail.
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