A KAMALAKAR RAO Vs. STATE OF ANDHRA PRADESH
HIGH COURT OF ANDHRA PRADESH
STATE OF ANDHRA PRADESH
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Rama Rao, J. -
(1.) This criminal miscellaneous petition for anticipatory bail under S. 438, Cr.P.C. is directed to be posted before Division Bench by Punnayya, J. as it was felt that the decisions of Madhusudan Rao, J. in N. Dasaratha Reddy v. State, 1975 (2) APLJ (HC) 214 and Ramachandra Raju J. in Crl.M.P. No. 884 of 1981, D/- 23-4-1981 requires reconsideration in view of the decision of the Supreme Court in Gurbaksh Singh v. State of Punjab, AIR 1980 SC 1632 : (1980 Cri LJ 1125).
(2.) The petitioner filed an application for anticipatory bail under S. 438, Cr.P.C. as he apprehends arrest in a criminal case where the petitioner along with others are charge-sheeted for conspiracy to commit murder under Section 120-B, I.P.C. The main plea of the petitioner is that he is not in any way concerned with the crime and that he is an Agricultural B.Sc., graduate and even though his name is not mentioned in the F.I.R. and even though at the initial stage he was not considered to be connected with the crime, he is sought to be implicated and the case is sought to be foisted on him at this belated stage and therefore, anticipatory bail should be granted to him.
(3.) The Public Prosecutor raised a preliminary objection as to the maintainability of this application. It is contended that the charge-sheet has been filed and the non-bailable warrant is issued by the Magistrate and at this stage, the petitioner is not entitled to invoke S. 438, Cr.P.C. and seek anticipatory bail. Even on merits also, this is not a fit case for granting anticipatory bail as two witnesses spoke to the participation of the petitioner in the conspiracy.;
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