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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
A. Hari Haranadha Sarma
Duddakunta Deepak Reddy – Appellant
Versus
State Of Andhra Pradesh, rep by its Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. application concerning grant of pre-arrest bail. (Para 1 , 2 , 3) |
| 2. determination regarding entitlement for bail. (Para 4 , 5) |
| 3. arguments supporting necessity of pre-arrest bail. (Para 6 , 7 , 8) |
| 4. court's observations on arrest procedures. (Para 9 , 10) |
| 5. judicial parameters for bail. (Para 11 , 12 , 13) |
| 6. final decisions and conditions for bail. (Para 14 , 15 , 16) |
ORDER :
A. Hari Haranadha Sarma, J.
1. This is an application filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita , 2023.
2. The petitioners herein are arrayed as Accused Nos.1 to 12 in Crime No.105 of 2024 of Bukkapatnam Police Station, Sri Sathya Sai District, which was registered with the allegations of committing the offences under Sections 118(1), 3(5) of the BNS and the accused were bailed out. But, subsequently, charge sheet was presented by the Police for the offences under Sections 118(1), 118(2) read with 3(5) of the BNS, citing the reason that the investigation disclosed the offence in terms of Section 118(2) read with 3(5) of the BNS.
3. Petitioners claimed that in view of adding of Section 118(2) of the BNS, they are afraid of arrest. Hence, the petitioners pray for a direction to
Pre-arrest bail application is maintainable even for newly added non-bailable offences against already bailed individuals under certain conditions.
Pre-arrest bail is not granted as a matter of course where serious allegations are established, demanding a specific case justifying its issuance.
Successive pre-arrest bail requires material change in facts or law; absent that, it is abuse of process.
A second application for pre-arrest bail is maintainable only upon demonstrating a substantial change in facts or circumstances that did not exist at the time of the previous dismissal; repeating arg....
Pre-arrest bail may be denied when serious accusations necessitate custodial interrogation to protect the investigative process.
The court determined that serious allegations and the necessity for custodial interrogation preclude the granting of pre-arrest bail under the BNSS.
A second bail application necessitates a substantial change in circumstances since the earlier application was dismissed, maintaining judicial prudence.
Pre-arrest bail is not a matter of course and requires substantial change in circumstances since prior applications to justify further consideration.
Second applications for pre-arrest bail require significant change in circumstances to be considered valid under law.
Pre-arrest bail under S. 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is not granted as a matter of course and requires the establishment of a special case through recorded reasons, especiall....
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