Registration of an FIR is not a prerequisite for grant of pre-arrest bail. Where a written complaint alleging cognizable and non-bailable offences is admittedly received by the police, and the factual matrix establishes a real possibility of arrest, the High Court is empowered under Section 482 BNSS, 2023 to grant pre-arrest bail, subject to appropriate conditions, particularly when past conduct indicates potential misuse of criminal process. (Paras 8, 10–12)

AP HIGH COURT AMARAVATHI 

GIST

Pre-arrest bail – Unregistered crime – Complaint disclosing cognizable and non-bailable offence – Apprehension of arrest – Maintainability – Scope of Section 482 BNSS, 2023 – Prior history of complaints closed – Reasonable apprehension established – Conditions imposed.

The High Court of Andhra Pradesh granted pre-arrest bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, even though no FIR had been registered, holding that where there exists a real and reasonable apprehension of arrest, the remedy is maintainable. The Court relied upon the principles laid down in Gurbaksh Singh Sibbia and Sushila Aggarwal, reiterating that registration of FIR is not a sine qua non for seeking anticipatory/pre-arrest bail.

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HEAD NOTES

Criminal Law – Pre-arrest bail – Unregistered offence

BNSS, 2023 – Section 482
Grant of pre-arrest bail is maintainable even prior to registration of crime, provided the apprehension of arrest is founded on concrete facts and a specific complaint – FIR not mandatory.
(Paras 8, 12)

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Criminal Procedure – Apprehension of arrest

Where allegations in the complaint disclose cognizable and non-bailable offences and the police do not deny receipt of the complaint, reasonable apprehension of arrest stands established.
(Paras 11(i), 11(ii), 12)

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Criminal Law – Anticipatory bail – Factors

Nature and gravity of allegations, past conduct of the informant, history of earlier complaints and their closure, and possibility of misuse of criminal process are relevant considerations.
(Paras 10, 11(iii), 12)

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Police Powers – Section 41-A CrPC / Section 35 BNSS

Mere submission that police will follow notice procedure does not by itself negate apprehension of arrest where alleged offences may attract punishment exceeding seven years.
(Para 11(ii))

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Bail – Conditions

Grant of pre-arrest bail does not curtail investigation; cooperation with investigating agency and non-interference with witnesses can be ensured through conditions.
(Paras 12, 13)

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ANALYSIS OF FACTS

1. The petitioner is a government employee nearing retirement, facing a complaint dated 12.05.2025 alleging, inter alia, attempt to murder on 08.05.2025. (Para 1, 5)

2. No FIR was registered till date; however, police repeatedly summoned the petitioner, creating fear of arrest. (Paras 1, 7)

3. The informant had earlier lodged complaints against the petitioner:

   • Crime No.149 of 2017, Pattabhipuram PS – closed as “action dropped”.

   • Crime No.90 of 2021, Pulivendula PS – closed based on informant’s statement that death was due to epilepsy.
     (Para 10)

4. Allegations in the present complaint arise from a longstanding personal relationship, and include threats, assault, and attempt to kill. (Paras 5(i)–(iii))

5. The prosecution did not deny receipt of the complaint but contended that since no crime was registered, bail relief was premature. (Paras 7, 11(i))

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ANALYSIS OF LAW

1. The Court traced the law from Gurbaksh Singh Sibbia through Sushila Aggarwal, emphasizing that:

   • Anticipatory/pre-arrest bail can be sought even before FIR, provided apprehension is reasonable and fact-based. (Para 8)

2. The Court reproduced and relied upon the authoritative conclusions in para 85 of Sushila Aggarwal, particularly:

   • Apprehension must relate to a specific offence.

   • FIR registration is not mandatory.

   • Courts must assess gravity, role of accused, and possibility of misuse. (Paras 8–9)

3. The Court further relied upon Dhanraj Aswani v. Amar S. Mulchandani, reaffirming the same principles. (Para 9)

4. Applying these principles, the Court held that:

   • Allegations disclose serious offences.

   • Prior history shows repeated complaints ending in closure.

   • Police acknowledgment of complaint coupled with seriousness of allegations makes arrest plausible.
     (Paras 10–12)

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RATIO DECIDENDI

Registration of an FIR is not a prerequisite for grant of pre-arrest bail. Where a written complaint alleging cognizable and non-bailable offences is admittedly received by the police, and the factual matrix establishes a real possibility of arrest, the High Court is empowered under Section 482 BNSS, 2023 to grant pre-arrest bail, subject to appropriate conditions, particularly when past conduct indicates potential misuse of criminal process.

(Paras 8, 10–12)