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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Y. LAKSHMANA RAO
Sk. Rafeek Ahammad, S/o. Kamal Ahammad – Appellant
Versus
State of A.P. – Respondent
Y. LAKSHMANA RAO, J.
The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita. 2023 (for brevity ‘the BNSS ’) by the petitioners/Accused Nos.1 to 5 for granting of pre-arrest bail in connection with Crime No.270 of 2017 of Tadepalli Police Station, Guntur District, registered for the alleged offences punishable under Sections 498-A and 313 read with 34 of the INDIAN PENAL CODE , 1860 (for brevity ‘the IPC’).
2. The case of the prosecution is that on 11.07.2017 at Dodawari Street, Wynchipet, Vijawada-1, the de facto complainant alleged that, since the marriage between the de facto complainant and her Husband-Sk.Rafeek Ahammad, her Husband, Mother-in-Law, Father-in-Law, Husband’s elder sister and her husband were harassing her both mentally and physically by confining her in house, without giving sufficient food and when she conceived, she was forcibly aborted without her consent and threatened her with dire consequences. Basing on the above allegations, a case was registered against the petitioners.
3. Sri Naqeeb Ahmed, the learned counsel for the petitioners contends that the petitioners are innocent of the alleged offences and have been
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.
The decision outlines the parameters for granting pre-arrest bail in cases involving serious allegations, balancing legal rights against the prosecution's concerns.
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 may be denied due to specific overt acts presented against the accused, highlighting the seriousness of the charges and potential for reoffending.
The absence of guilty intent concerning culpable homicide was emphasized, leading to the grant of pre-arrest bail and regular bail under specific conditions.
Court grants pre-arrest bail under strict conditions, emphasizing cooperation in ongoing investigations.
Pre-arrest bail may be granted if allegations are unsubstantiated and cooperation with the investigation is assured.
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....
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