Back
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 :
1. This is an application filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita , 2023.
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 release them on Bail, in the event of their arrest.
5. Point for determination:
Point:
Arguments of the learned counsel for the petitioners:
Arguments of the learned Assistant Public Prosecutor:
Analysis, discussion and conclusions:
10. While taking note of the submissions made by the learned counsel for the petitioners and learned Assistant Public Prosecutor, this Court finds it appropriate to refer to the observations of the Hon’ble Supreme Court, where the point like one involved in the present case was considered by the Hon’ble Supreme Court.
31. In view o
Pre-arrest bail application is maintainable even for newly added non-bailable offences against already bailed individuals under certain conditions.
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.
The court refused pre-arrest bail due to the serious nature of allegations and ongoing investigation, necessitating custodial interrogation.
Pre-arrest bail is denied when serious allegations indicate a premeditated criminal act, necessitating custodial interrogation.
Pre-arrest bail cannot be granted without evidencing a substantial change in circumstances since the dismissal of a prior application.
The court denied pre-arrest bail due to the seriousness of the charges and potential interference with the investigation.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
