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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
T.Mallikarjuna Rao
Pvhv Gopala Sarma – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER :
T Mallikarjuna Rao, J.
1. This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘ BNSS ’) is filed on behalf of the Petitioner/Accused No.1 seeking anticipatory bail in Crime No.152 of 2024 of Dwaraka Law and Order Police Station, Visakhapatnam City, registered for the offences punishable under Sections 417 , 420 and 376(2)(n) of the INDIAN PENAL CODE , 1860 (for short, ‘IPC’).
2. The case of the prosecution, in brief, is that on 09.10.2024, the Defacto Complainant filed a report with the police stating that she is a divorced woman who had posted her bio-data in a WhatsApp group on 23.01.2023 in search of a suitable match for a second marriage. In connection with this, A1 came into contact with her in October 2023 and expressed an interest in marrying her. A1 sent nude photographs of men and women in compromising positions to her, despite her resistance stalked continuously from October 2022. On 07.12.2023, A1 arrived at Visakhapatnam Airport, took the Defacto Complainant to his house, and requested her to come to his bedroom to view the gold ornaments of his first wife. Taking advantage of the same, A1 committed rape on her forc
Anticipatory bail is not a right and should only be granted in exceptional circumstances, particularly in serious allegations where custodial interrogation is necessary to protect the investigation.
Anticipatory bail should only be granted in exceptional circumstances; the seriousness of the allegations and need for investigation justifies denial of bail.
Anticipatory bail is denied due to serious allegations of deceitful sexual conduct, emphasizing the nature and gravity of the charges involved.
The main legal point established in the judgment is the consideration of various factors and parameters for granting anticipatory bail, including the nature and gravity of the accusation, the anteced....
The court ruled that the determination of consent in sexual assault cases is a matter for trial, and significant delays in lodging FIRs may raise suspicions but do not negate the victim's claims.
Anticipatory bail should not be granted in serious offences involving prima facie evidence of involvement, as it may hinder the investigation and compromise justice.
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