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IN THE HIGH COURT OF ANDHRAPRADESH AT AMARAVATI
T.MALLIKARJUNA RAO
Bhumireddy Srinivasula Reddy S/o. Bhunireddy Chinna Venkata Reddy – Appellant
Versus
State of Andhra Pradesh, Represented by its Public Prosecutor, Through Pendlimarri P.S. – Respondent
ORDER :
T. MALLIKARJUNA RAO. J,
1. This Criminal Petition is filed seeking anticipatory bail under Sections 438 of the Code of Criminal Procedure, 1973 ('CrPC') to Petitioners/A.1 & A.2 in Crime No.53 of 2024 of Pendlimarri Police Station, YSR (Kadapa) District, registered for the offence under Section 306 read with 34 of INDIAN PENAL CODE (for short 'IPC') and Section 3(1)(r), 3(1)(s), 3(2)(va) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act').
2. The case of prosecution, in brief, is that the wife of deceased gave complaint stating that the deceased was working as ticket collector in AR & BCVR Travells at Proddatur town and it belongs to A.1 and A.2. On 19.03.2024 at
3. Leaned counsel for the Petitioners contends that the Petitioners are innocent and they have been falsely implicated in this case; a prima facie evaluation of FIR and suicidal note doe
Anticipatory bail is granted when there is insufficient prima facie evidence for abetment of suicide, emphasizing the presumption of innocence and the need for direct incitement.
Bar will not apply where the complaint does not make out “a prima facie case” for the applicability of the provisions of the Act. A statutory exclusion of the right to access remedies for bail is con....
The main legal point established is that for conviction under Section 306 IPC, there must be a clear mens rea and an active act or direct act leading to suicide, and mere harassment without positive ....
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....
The main legal point established in the judgment is that the mere conduct of a spouse, even if not up to the expectations of the other spouse, does not necessarily constitute abetment of suicide, and....
The necessity of mens rea for instigation and the requirement of concrete evidence for establishing the offence of abetment of suicide under Section 306 of the IPC.
The main legal point established in the judgment is the need for the court to consider relevant allegations and apply stringent conditions when granting anticipatory bail, especially in cases involvi....
The main legal point established in the judgment is the requirement of mens rea and the need for evidence capable of suggesting that the accused intended to instigate the deceased to commit suicide. ....
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