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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
A.HARI HARANADHA SARMA
Gajula Siddhartha S/o Late Gajula Vivekananda – Appellant
Versus
State of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. pre-arrest bail application overview (Para 1 , 2 , 3 , 4) |
| 2. arguments for and against pre-arrest bail (Para 5 , 6 , 7) |
| 3. court analysis of legal precedents on bail (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 4. evaluation of change in circumstances for bail (Para 19 , 20 , 21 , 22 , 23) |
| 5. conclusion on pre-arrest bail application (Para 24 , 25) |
ORDER :
Introductory:
1. This is a successive application filed by one Gajula Siddhartha/A1 in Crime No.244 of 2025 on the file of M.V. Palem Police Station, Visakhapatnam, invoking Section 482 of Bharatiya Nagarik Suraksha Sanhita ( BNS S ), 2023 with a prayer to grant pre-arrest bail directing his release on bail in the event of arrest in connection with the said case, which was registered with the allegations of committed offences under Sections 329 (3), 324(4), 308(5), 109(1), 61(2), 111(1) r/w Section 3 (5) of .
2. Earlier, the Crl.P.No.5861 of 2025, filed by the petitioner with a similar prayer was dismissed by this Court under common order dated 18.07.2025 in Crl.P.Nos.5730, 5860 and 5861 of 2025.
Case of prosecution:
3. The case of prosecution in succinct is that, one K. Ravi Prasad, said to be the Manager of Shanthi Ashramam lo
Successive bail applications require substantial change in circumstances; prior denials must be respected to prevent judicial abuse.
Anticipatory bail is an extraordinary remedy that must be justified by circumstances, balancing the rights of the accused against the interests of justice and effective investigation.
The legal position on renewal of prayer for pre-arrest bail cannot preclude an accused only on the ground of dismissal of the first bail application on merit. The court must consider substantial chan....
Though accused has right to make successive applications for grant of bail, court entertaining such subsequent bail applications has a duty to consider reasons and grounds on which earlier bail appli....
Successive bail applications require substantial changed circumstances, not mere trial delay or prolonged incarceration, especially in grave offences like murder.
A second or successive anticipatory bail petition is maintainable only if substantial changes in circumstances are demonstrated; mere reiteration of previous grounds is insufficient.
Anticipatory bail is an extraordinary remedy, granted sparingly in serious cases, and requires compliance with court conditions; failure to do so can lead to rejection of bail applications.
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