LAWS(APH)-2020-10-33

KOMAVARTHI YUGA VARDHAN Vs. STATE OF ANDHRA PRADESH

Decided On October 13, 2020
Komavarthi Yuga Vardhan Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) 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.) A case in Crime No.197 of 2020 was registered under Sections 420, 403, 468, 467, 471 r/w 34 IPC by Proddatur III Town Police Station, YSR Kadapa District.

(3.) It is a case relating to cheating and forgery. The petitioner is not at all an accused in the above crime. However, apprehending that he may be arrested in connection with the above crime, he has filed the present petition seeking anticipatory bail. Now, it is settled law that the registration of F.I.R or Crime is not essential to entertain a petition under 438 Cr.P.C. What is required to see is, whether an accusation regarding commission of a non-bailable offence is made against the petitioner in connection with the said crime or not to entertain a petition under Section 438 Cr.P.C.