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B. KRISHNA MOHAN
Premaraopogu Sujatha – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER
Heard the learned counsel for the petitioner and the learned counsel for the respondent.
2. This Criminal petition is filed seeking regular bail for the petitioner/Accused in connection with Crime No.04/RCAKUR/2023, dated 29.04.2023, registered under Section 13 (1) (b) of the Prevention of Corruption (Amendment) Act, 2018.
3. The case of the prosecution is that the petitioner is working as Assistant Registrar in Divisional Co-operative Office, Krishna Nagar, Kallur, Kurnool District and she acquired and possessed disproportionate assets to the known sources of her income. The petitioner’s house and other places were raided on 2.5.2023 and the incriminating documents of immovable properties, cash and gold ornaments were seized. Thus found the disproportionate assets for the value of Rs.1,78,74,894/-approximately. Hence the above said case was registered. The remand report of the respondent/complainant discloses the following table of assets in the name of AO and her family members.
| Sl. No. | Particulars of the assets | On whom the property held | Amount | Regist | |
In cases of disproportionate assets, the delay in FIR registration and the nature of evidence (documentary) can justify bail, especially when health and family circumstances are considered.
Bail – Pre-trial punishment is not required.
The prosecution must establish disproportionate income to deny bail under the Prevention of Corruption Act.
Anticipatory bail granted under Section 438 CrPC for a government servant accused of disproportionate assets, emphasizing cooperation with investigation and non-flight risk.
The court upheld that a second FIR can be maintained if substantial new evidence or distinct allegations arise, confirming the validity of proceedings regarding disproportionate assets under the Prev....
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