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T. MALLIKARJUNA RAO
Gollamudi Gowri Chidvilasa – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER (COMMON)
Since these three Criminal Petitions are filed, under Section 438 of Cr.P.C. and Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’), seeking anticipatory bail, by different Accused i.e. Crl.P.No.6390 of 2024 (arrayed as A.14), Crl.P.No.6553 of 2024 (arrayed as A.6), and Crl.P.No.6389 of 2024 (arrayed as A.13), in same crime viz. Crime No.382 of 2022 of Mangalagiri Town Police Station, Guntur District, they are being taken up together for disposal by way of this Common Order.
2. A case has been registered against the Petitioners and others for the offences punishable under Sections 465, 467, 468, 420, 506 r/w 34 of Indian Penal Code, 1860 (for short, “IPC”).
3. In summary, the Prosecution asserts that this case involves allegations of cheating, forgery of documents, forgery of signatures, and criminal intimidation, which took place prior to 15.07.2022, at 2:00 PM, at Venus Hotel, Mangalagiri. The complaint was lodged on 15.07.2022, where the complainant stated that A.1, a Home Guard employee from Guduru, Nellore District, assured him of a Home Guard position in exchange for Rs.8,50,000/-. Consequently, the complainant transferred Rs.4,00,000/-
(1) Anticipatory bail – Attitude of arresting first and then proceeding with rest is despicable – Law presumes an Accused to be innocent until his guilt is proven.(2) Anticipatory bail – Bail is rule....
The court established that anticipatory bail can be granted when allegations are primarily civil in nature and there is significant delay in filing the FIR, indicating potential abuse of the legal pr....
Anticipatory bail can be granted when there is insufficient evidence to justify the arrest of the accused.
(1) Anticipatory bail petition – In a case containing severe allegations, Investigating Officer deserves a free hand to take investigation to its logical conclusion.(2) Notice before arrest – Discret....
Anticipatory bail denied due to serious allegations of fraud, necessity for custodial interrogation, and applicants' absconding status.
The court denied pre-arrest bail based on established prima facie evidence of impersonation and extortion, emphasizing the need to maintain investigative integrity and considering the petitioners' cr....
The main legal point established in the judgment is the need for concrete facts and reasonable apprehension for granting anticipatory bail, and the importance of protecting personal liberty under Art....
The court emphasized the need for careful scrutiny of allegations in anticipatory bail applications, balancing the rights of the accused with public interest, and clarified that locus standi is not a....
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