Omnibus Allegations Ground For Pre-Arrest Bail Under BNSS: Andhra HC

The Andhra Pradesh High Court has reinforced the principle of parity in granting anticipatory bail, ruling that general and omnibus allegations cannot sustain prolonged custodial interrogation when co-accused standing on similar footing have already been protected. In a significant intervention for personal liberty, the Court granted pre-arrest protection to six individuals, emphasizing that the nature of allegations and the status of the accused as sole breadwinners are vital considerations in criminal jurisprudence.

Dr. Justice Y. Lakshmana Rao presided over the matter, hearing a petition filed by several accused individuals seeking protection from arrest in connection with a criminal case registered at Kundurpi Police Station. The bench evaluated whether the custodial interrogation of the petitioners was necessary given the nature of the FIR and the previous orders passed by the Court in related applications.

Key Takeaways

Parity in Bail Jurisprudence

The Court affirmed that if co-accused with similar roles have been granted bail, the same benefit should extend to others similarly placed.

Scrutiny of Omnibus Allegations

General and vague allegations without specific overt acts attributed to each accused weaken the prosecution's case for custodial necessity.

Protection of Livelihood

The Court recognized the socio-economic impact of incarceration, noting the petitioners' status as sole earning members of their families.

Judicial Analysis of Allegations and Parity

Upon reviewing the records and statements, the Court found a lack of specific detail in the accusations. The Court noted that the allegations levelled against the Petitioners appeared to be "omnibus and general in nature." Furthermore, it was observed that other accused persons in the same crime had already been enlarged on bail by the Court in Crl.P.No.7434 of 2026 on September 1, 2026. Since the present petitioners were found to be "standing on the same footing," the Court deemed it fit to grant them similar relief.

The Court, in its reasoning, observed: "On a perusal of the record, and having regard to the statements recorded by the Investigating Officer, the allegations levelled against the Petitioners/Accused Nos.2, 3, 7, 9, 10 & 16 appear to be omnibus and general in nature... The present petitioners are also standing on the same footing."

The Court has the following directions:

"i. In the event of their arrest, the Petitioners/Accused Nos.2, 3, 7, 9, 10 & 16 shall be enlarged on bail subject to their executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties each for the like sum each to the satisfaction of the arresting police officials;
ii. The Petitioners/Accused Nos.2, 3, 7, 9, 10 & 16 shall make themselves available for investigation as and when required;
iii. The Petitioners/Accused Nos.2, 3, 7, 9, 10 & 16 shall appear before the Station House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the Charge Sheet.
iv. The Petitioners/Accused Nos.2, 3, 7, 9, 10 & 16 shall not leave the limits of the State of Andhra Pradesh without the express permission from the Station House Officer concerned.
v. The Petitioners/Accused Nos.2, 3, 7, 9, 10 & 16 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court.
vi. The Petitioners/Accused Nos.2, 3, 7, 9, 10 & 16 shall surrender their passports, if any, to the Investigating Officer. If they claim that he do not have passports, they shall submit affidavits to that effect to the Investigating Officer."

Ratio

Where allegations against multiple accused are general, vague, and omnibus, and where the Court has already granted bail to co-accused on the same footing, the principle of parity applies, entitling the petitioners to pre-arrest bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to prevent undue hardship and ensure the protection of personal liberty.

Background

The case arose from Crime No. 71 of 2026 registered at Kundurpi Police Station for alleged offences under Sections 115(2), 118(1), and 351(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioners approached the High Court seeking anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, contending they were innocent and falsely implicated. They argued that as sole breadwinners, their incarceration would devastate their dependents. Conversely, the Assistant Public Prosecutor opposed the plea, citing the ongoing investigation and the risk of the accused absconding. However, the High Court, citing the lack of specific allegations and the precedent set in the co-accused's bail order, allowed the petition.

Case Details:
Case No.: CRIMINAL PETITION NO: 7906/2026
Neutral Citation: 2026:APHC:39881
Case Title: Vadde Manjappa Alias Manjunatha And Others Vs. The State Of Andhra Pradesh
Appearances:
For the Petitioner(s): INENI VENKATA PRASAD, Advocate
For the Respondent(s): PUBLIC PROSECUTOR

Source: 2026 CaseBase(AP) 15962