Anticipatory bail - Practice of filing application directly in High Court may lead to chaotic situation and overcrowding
Andhra Pradesh High Court Denies Direct Pre-Arrest Bail Plea - Petitioner Directed to Sessions Court. High Court emphasizes adherence to procedural norms, citing lack of special circumstances for bypassing lower court
In a significant ruling on 19th September 2025, the Andhra Pradesh High Court, presided by Dr. Y. Lakshmana Rao, J., dismissed the pre-arrest bail application filed directly in the High Court by Ramireddy Prathap Kumar Reddy, the former MLA of Kavali, without prior approach to the Sessions Court. The petitioner is implicated in a serious case involving an alleged conspiracy to murder the sitting MLA of Kavali Constituency, Daggumati Venkata Krishna Reddy, due to political enmity.
The judgment underscores the procedural requirement that petitions for anticipatory bail should initially be filed before the Sessions Court unless extraordinary circumstances justify direct approach to the High Court. The court noted that no such special circumstances were demonstrated by the petitioner to justify bypassing the lower court.
The prosecution alleges that the accused orchestrated reconnaissance operations using a drone to plan the assassination, leading to an altercation with the complainant and associates, members of the SC-Madiga community. The petitioner, Ramireddy Prathap Kumar Reddy, contended that the charges were politically motivated, asserting his presence in Bangalore during the alleged incident, supported by call detail records.
The High Court, while acknowledging its concurrent jurisdiction under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, emphasized the necessity for the petitioner to first seek relief from the Sessions Court. The judgment reflects concerns that direct petitions to the High Court could lead to procedural chaos and overcrowding of applications.
The court directed the petitioner to file for pre-arrest bail at the Sessions Court within four weeks, ensuring that no coercive action will be taken against him during this period. This decision reiterates the importance of following established legal procedures and highlights the judiciary's role in maintaining orderly legal processes.
Bottom Line:
Pre-arrest bail application filed directly in the High Court without first approaching the Sessions Court is not maintainable unless special or extraordinary circumstances are demonstrated.
Statutory provision(s):
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 3(2)(v), Criminal Procedure Code, 1973 Section 438
