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2020 DIGILAW 604 (AP)

Arasani Balappa v. State Of Andhra Pradesh

2020-09-10

CHEEKATI MANAVENDRANATH ROY

body2020
JUDGMENT Cheekati Manavendranath Roy, J. - This petition is filed under Section 438 of the Code of Criminal Procedure, 1973, to enlarge the petitioner on bail in the event of his arrest. 2. The petitioner is accused No.4 in Crime No.5 of 2020 of Proddatur II Town Police Station, YSR Kadapa District. 3. The offences registered against him are under Sections 457 and 380 of IPC. 4. Heard learned counsel for petitioner and learned Additional Public Prosecutor for respondent-State. 5. It is a case of house trespass by breaking open the door of the house in question and commission of offence of theft of valuables which are mentioned in the F.I.R. Further, as per the submission made by the learned Additional Public Prosecutor, the petitioner and other accused are habitual offenders, who are habituated to commit similar nature of offences. Therefore, having regard to the facts and circumstances of the case and the accusation made against the petitioner, this Court is of the considered view that this is not a fit case for grant of anticipatory bail. 6. Therefore, the Criminal Petition is dismissed. However, considering the submission made by the learned counsel for the petitioner, the petitioner is permitted to surrender before the trial Court and file an application for grant of bail. In the event of any such surrender of the petitioner before the trial Court, the trial Court shall consider his application for bail and dispose of the same on merits as per law.