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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
T.MALLIKARJUNA RAO
Karthikeyan @ P. S. Karthik – 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, ‘ BNS S ’) is filed on behalf of the Petitioner/Accused seeking anticipatory bail in Crime No.10 of 2025 of Nagari Urban Police Station, Chittoor District, registered for the offences punishable under Sections 62 read with 64(1), 74, 75(2), 333 Bharatiya Nyaya Sanhitha, 2023 (for short, ‘ BNS ’) and Section 7 read with 8 of the Protection of Children from Sexual Offences Act, 2012 (for short, ‘POCSO Act’).
2. The prosecution’s case, in brief, is that on 04.01.2025 at approximately 2.30 p.m., the accused visited the complainant’s residence and handed Rs.5,000/- to the victim. The victim then called her father to enquire whether she should accept the cash. In response, the complainant instructed her, through phone, not to allow the accused to enter their house in his absence. At approximately 2.45 p.m., the accused forcibly entered the complainant’s house, beat the victim girl and pushed her down, bolted the door from inside and due to fear, she raised hue and cries. The accused closed her mouth, beat her cheeks and forcibly attempted to commit rape o
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 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 can be granted when allegations against the applicant are not directly linked to the commission of serious offences, provided conditions are imposed to ensure cooperation with the i....
The court may grant anticipatory bail considering the nature of the alleged offences, absence of medical evidence, and the delay in lodging the complaint.
The court denied anticipatory bail based on the nature of the accusations, the explanation for the delay in lodging the FIR, and the applicant's lack of cooperation with the investigation.
The severity of allegations and the necessity of custodial interrogation are crucial factors in determining the grant of anticipatory bail.
The voluntary nature of the victim's actions and the absence of allegations of forcible sexual intercourse by the accused influenced the court's decision to grant anticipatory bail.
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