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IN THE HIGH COURT OF TELANGANA
J.Sreenivas Rao
Kuthadi Srinivas Rao – Appellant
Versus
Central Bureau of Investigation – Respondent
ORDER :
J. Sreenivas Rao, J.
This Criminal Petition is filed under Sections 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, ‘ BNSS ’) by the petitioner, who is arrayed as accused No.4, seeking anticipatory bail in FIR No.RC0352025A0004 of ACB Hyderabad Police Station, Hyderabad, registered for the offence punishable under Section 420 of the Indian Penal Code , 1860 (for short, ‘ IPC ’) and Sections 7 and 7A of the Prevention of Corruption Act , 1988 (hereinafter referred to as ‘the Act’).
2. Heard Sri Ch. Ravinder, learned counsel for the petitioner, and Sri T. Srujan Kumar Reddy, learned Special Public Prosecutor for CBI, appearing on behalf of the respondent.
3. The prosecution's case, in brief, is that on 23.06. 2023, a master excel list was distributed to Circle 12(1), Circle 1(1), Ward 1(1), Ward 4(1), and Ward 12(1), instructing the Assessing Officers to issue notices to assessees/tax payers who requested significant refunds in their Income Tax Returns (ITRs). Subsequently, the Commissioner of Income Tax, Range-I, Hyderabad, promptly halted this initiative, instructing the respective wards and circles to cease the issuance of notices and delete the excel list. It
Anticipatory bail in corruption cases requires exceptional circumstances; mere presumption of innocence is insufficient.
Anticipatory bail in corruption cases requires exceptional circumstances; mere presumption of innocence is insufficient against the need for public justice.
Jurisdiction for anticipatory bail in corruption cases lies with the High Court, not with the Special Judge under the Prevention of Corruption Act.
The presumption of innocence does not alone justify anticipatory bail; public interest in corruption cases may necessitate its denial.
Anticipatory bail in serious corruption cases requires exceptional circumstances, which the applicant failed to demonstrate.
The court denied anticipatory bail, highlighting the serious nature of allegations and ongoing investigations, emphasizing potential interference with evidence and witness tampering.
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