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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
T MALLIKARJUNA RAO
Prathipati Teene Venkayamma – Appellant
Versus
State Of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. anticipatory bail sought under cr.p.c. (Para 1 , 2) |
| 2. prosecution's case and alleged offences outlined. (Para 3 , 4 , 5) |
| 3. judicial considerations for anticipatory bail. (Para 8 , 9 , 10 , 11) |
| 4. presumption of innocence and bail as a rule. (Para 12 , 13 , 14 , 15) |
| 5. petitioners' assertions regarding lack of wrongdoing. (Para 19 , 20 , 21) |
| 6. allegations of political targeting and lack of evidence. (Para 22 , 23) |
| 7. claims of financial wrongdoing and evasion analyzed. (Para 24 , 25 , 26) |
| 8. legal arguments regarding jurisdiction and procedure. (Para 28 , 29 , 30) |
| 9. assessment of director's liability under the g.s.t. act. (Para 32 , 33) |
| 10. political careers and implications of allegations. (Para 34 , 35 , 36) |
| 11. conditions for granting anticipatory bail. (Para 54 , 55) |
| 12. conclusion and order granting anticipatory bail. (Para 56 , 57) |
ORDER:
T MALLIKARJUNA RAO, J.
1. All these Criminal Petitions are filed, under Section 438 of Cr.P.C., seeking anticipatory bail by different accused, i.e. Crl.P.No.1448 of 2024 (filed by A.4 & A.5); Crl.P.No.1449 of 2024 (filed by A.2 & A.3); Crl.P.No.1489 of 2024 and Crl.P.No.1539 of 2024 are filed by the Petitioners who are not arrayed
Anticipatory bail may be granted when allegations lack sufficient foundation, and the accused demonstrate willingness to cooperate with investigations while being presumed innocent.
Presumption of innocence, requirement for substantial evidence before arrest, and conditions for granting anticipatory bail highlighted, emphasizing that merely political motives cannot justify unres....
The grant of police custody should be an exception and not a rule, requiring a strong case and judicial scrutiny. The court must strictly adhere to statutory provisions and consider the limitations o....
(1) Pre-arrest bail – There cannot be presumption of guilt to deprive a person of his liberty without an opportunity before Court.(2) No arrest can be made routinely on a mere allegation of commissio....
Anticipatory bail should be granted based on reasonable grounds and exceptional circumstances, and the fears of the petitioner must be rooted in objective facts.
object of bail is to secure appearance of the accused person at his trial by a reasonable amount of bail. Unless it can be required to ensure that an accused person will stand his trial where called ....
Anticipatory bail in economic offences requires a careful analysis of the seriousness of allegations and potential risks to investigations, particularly when significant fraud is involved.
The court emphasized the necessity of substantial evidence for serious charges under the GST Act and the accused's right to a fair trial.
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