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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
A.HARI HARANADHA SARMA
P. Aruna, W/o. P. Siva Kumar (A-1) – Appellant
Versus
State Of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. application for pre-arrest bail under section 482. (Para 1 , 2 , 3) |
| 2. arguments presented by both parties. (Para 6 , 7 , 8) |
| 3. discussion of the evidence and bail criteria. (Para 9 , 10 , 11 , 12 , 13) |
| 4. final ruling on granting bail. (Para 14) |
ORDER :
1. This is an application filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of pre-arrest bail.
3. The petitioners, while denying the allegations made against them, contended that they are, in fact, the victims and their complaint is covered by Crime No.79 of 2025 of the same Police Station. However, to victimize them, they are arrayed as accused in the present case, at the instance of the complainant-party in this case.
5. Point for determination:
Point:
6. The case of prosecution, in brief, is that one E. Kavitha alias Bujji, informant reported to police on 02.06.2025 that, on the night of 27th May (Tuesday) i.e. in the early morning of Wednesday (28.05.2025) at about 03:00 a.m., during Gangamma Jathara celebrations, while she along with others going on the procession, when they reached near the house of M. Ranemma alias M.Rani / A14 and M. Kranthi Kumar / A10 etc., the accused party, with an
Pre-arrest bail may be granted if allegations are unsubstantiated and cooperation with the investigation is assured.
Pre-arrest bail may be granted even in absence of a registered case if there is a reasonable apprehension of arrest based on specific allegations and the history of prior complaints against the petit....
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 when serious accusations necessitate custodial interrogation to protect the investigative process.
Pre-arrest bail denied based on serious nature of allegations, criminal history, and absence of direct evidence against the accused.
The power to grant pre-arrest bail under Section 482 of BNSS requires a special case, which was not established due to the serious nature of the allegations.
Pre-arrest bail requires a special case, given serious allegations and ongoing investigations, justifying denial.
Pre-arrest bail is denied when serious charges indicate a premeditated criminal act, necessitating custodial interrogation to preserve the integrity of the investigation.
The grant of pre-arrest bail is not to be taken lightly, especially when serious charges and ongoing investigations warrant custodial interrogation.
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