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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
Key Points: - The petition was disposed of, granting directions for compliance with bail-related legal requirements and Section 35(3) of BNS / Section 41-A Cr.P.C. (!) - For classification of an offence as organised crime under Section 111, there must be legally admissible evidence of continuing unlawful activity, not merely allegations; petitioners lacked such admissible material and had no prior criminal history (!) , (!) - The case discusses that the police cannot arbitrarily arrest without substantial evidence and references Arnesh Kumar v. State of Bihar guidelines for arrest and detention; urges compliance with Section 41 Cr.P.C. and the need for a police check-list and reasoned detention decisions by Magistrates (!) , (!) - (!) - The court noted that the offences registered included 111(2)(b) without admissible material, while other offences are punishable with less than seven years’ imprisonment (!) - The petitioner’s pre-arrest bail was considered on the lack of legally admissible material to attract Section 111 and lack of prior criminal history, leading to remission to grant bail with compliance directions (!) - The judgment reiterates guidelines from Arnesh Kumar and Md. Asfak Alam and directs the investigation officer to follow these procedures; the petitioners are required to cooperate with the investigation (!) , (!) - The court’s ratio decidendi emphasizes the necessity of legally admissible evidence to invoke Section 111 and cautions against arrest based on mere allegations (!) , (!)
| Table of Content |
|---|
| 1. details of petition and alleged offences (Para 1 , 2) |
| 2. arguments for and against bail (Para 4 , 5) |
| 3. applicability of organized crime definition (Para 6 , 7 , 8) |
| 4. legality of accusations and procedural observations (Para 9 , 10) |
| 5. guidelines for arrest and judicial oversight (Para 11 , 12) |
| 6. final orders on petitions (Para 13) |
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 b
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....
The court established that organized crime under Section 111(1) of the BNS requires evidence of continuing unlawful activity and prior charge sheets, and the absence of such evidence negates the appl....
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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