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T. MALLIKARJUNA RAO
Nara Chandrababu Naidu – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER
This petitioner/A.1 has filed the present Criminal Petition invoking the provisions of Section 438 of the Code of Criminal Procedure (Cr.P.C.) seeking pre-arrest bail in the event of his arrest in connection with Crime No.16 of 2022, registered at the C.I.D., Police Station, Andhra Pradesh, Amaravati, Mangalagiri.
2. The Petitioner, along with others, stands accused in a case involving the offences punishable under Sections 120(B), 420, 34, 35, 36, 37, 166, 167 and 217 of the Indian Penal Code, 1860 (referred to as ‘I.P.C.’) and Sections 13(2) read with Section 13(1)(a) of the Prevention of Corruption Act, 1988 (referred to as ‘P.C. Act’).
3. The case against the Petitioner (A.1) and others is based on a report lodged by Alla Rama Krishna Reddy, Member of Legislative Assembly, Mangalagiri, dated 27.04.2022, and a subsequent preliminary enquiry report dated 06.05.2022, alleging corrupt and illegal activities between 2014 and 2019 by the Petitioner, the former Chief Minister of the State of Andhra Pradesh, and certain other government officials concerning the design of the master plan for the capital city area and the alignment of Inner Ring Road and its connected arterial road
(1) Pre-arrest bail – There cannot be presumption of guilt to deprive a person of his liberty without an opportunity before Court.(2) No arrest can be made routinely on a mere allegation of commissio....
The Governor can exercise discretion to grant prosecutorial sanction under Section 17A of the PC Act even against a Chief Minister if the Council of Ministers' advice appears biased.
Anticipatory bail can be granted if no prima facie case exists, especially when allegations are politically motivated or lack corroboration.
Anticipatory bail cannot be granted based on vague allegations; the applicant must demonstrate a reasonable belief of imminent arrest linked to specific offenses.
The main legal point established in the judgment is the exceptional nature of anticipatory bail, the delicate balance between individual liberty and the requirements of a thorough investigation, and ....
Point of law: Corruption in a society is required to be detected and eradicated at the earliest as it shakes “the socio-economic-political system in an otherwise healthy, wealthy, effective and vibra....
The court established that anticipatory bail is an extraordinary remedy that should be granted sparingly, particularly in cases involving serious allegations of corruption, and that the principle of ....
Anticipatory bail should be granted based on reasonable grounds and exceptional circumstances, and the fears of the petitioner must be rooted in objective facts.
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