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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENKATA JYOTHIRMAI PRATAPA
K. Revathi, W/O. K Chandra Babu – Appellant
Versus
State Of Andhra Pradesh, Rep. By Its Public Prosecutor – Respondent
ORDER :
Venkata Jyothirmai Pratapa, J.
The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS ’) by the Petitioners/ Accused Nos.2 to 4 for granting of pre-arrest bail in connection with Crime No.119 of 2025 of Panjani Police Station, Chittoor District, registered for the alleged offences punishable under Sections 316 (2), 318(4), 351(2), 61(2) and 111(2) (b) read with 3(5) of Bharatiya Nyaya Sanhita, 2023.
2. The case of the prosecution is that the defacto complainant is giving dish connections and the accused No.1 discussed with him and also informed that he would give internet connection and they invested Rs.2,00,000/- each and the accused No.1 opened the account in the name of defacto complainant in Indus Ind Bank, Palamaner and accused No.1 took the ATM card, check book and also connected the said account in to the cell phone number of accused No.2 and later he failed to show the accounts. The further version of the prosecution is that the accused No.1’s wife, brother-in-law, relative Sukesh, and friend Chandrasekhar formed into a group and they lured the people in and around the Rayalpeta on the false promis
To classify offences under organised crime, there must be admissible evidence of unlawful activity, which the petitioners lacked, justifying the granting of pre-arrest bail.
The absence of legally admissible evidence against the accused, particularly regarding organized crime, is crucial for granting bail under the Narcotic Drugs and Psychotropic Substances Act.
Bail application – Organised Crime – To attract offence under Section 111 (1) of BNS it is imperative that a group of two or more persons indulge in any continuing unlawful activity prohibited by law....
To establish organised crime under Section 111 of the BNS, more than one charge sheet must be filed against the accused within ten years; absence of such negates the offence.
The court denied bail based on the petitioner's prior criminal history and the serious nature of allegations under organized crime provisions.
Pre-arrest bail requires substantial evidence linking the accused to the crime; insufficient evidence justifies granting bail.
Pre-arrest bail may be granted upon considering the balance of prosecution's investigative rights against the accused's need for protection from wrongful arrest, especially in cases of organized crim....
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