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Judgment
Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.1 on bail in Crime No.108 of 2026 of Gajula Mandyam Police Station, Tirupathi District, registered for the alleged offences punishable under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 (for brevity, ‘the BNS’) and Sections 21(1) and 21(4) of the Mines and Minerals (Development and Regulation) Act, 1957 (for brevity ‘the Act’).
Mr.Mani Varma Palemkota, learned Counsel for the Petitioner, submits that the Petitioner is innocent of the alleged offences and has been falsely implicated by the police. He further submits that the mother of the Petitioner is presently in the I.C.U. and there is nobody to take care of her. The Petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. Hence, it is urged to allow the Petition.
Per contra, Mr.Neelotpal Ganji, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the Petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the Petitioner is released on bail at this stage, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law and urged to dismiss the Petition.
Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record.
On perusal of the record, it is seen that the Petitioner is arraigned as Accused No.1 in this case. The allegation against the Petitioner is that he was indulging in illicit transportation of sand. Except for the arrest of Accused Nos.6 to 8, the investigation with regard to the alleged role played by the Petitioner is substantially completed. The Petitioner was arrested on 05.08.2026 and has been in judicial custody for the past 37 days. The Petitioner is a permanent resident of Srikalahasti Mandal, Tirupathi District. He has got fixed abode. If the Petitioner is enlarged on bail subject to stringent conditions, there is no likelihood of his interfering with the investigation, threatening witnesses, or tampering with evidence.
Having regard to the facts and circumstances of the case, the health condition of the mother of the Petitioner who is in the I.C.U., and the nature and gravity of the allegations levelled against the Petitioner/Accused No.1, this Court is inclined to enlarge the Petitioner/Accused No.1 on bail, subject to stringent conditions.
In the result, the Criminal Petition is allowed with the following stringent conditions:
The Petitioner/Accused No.1 shall be enlarged on bail subject to him executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties for the like sum each to the satisfaction of the learned I Additional Judicial Magistrate of First Class, Tirupati.
The Petitioner/Accused No.1 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet.
The Petitioner/Accused No.1 shall not leave the limits of the Andhra Pradesh without prior permission from the Station House Officer concerned.
The Petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future.
The Petitioner/Accused No.1 shall cooperate with the Investigating Officer in further investigation of the case and shall make himself available for interrogation by the Investigating Officer as and when required.
The Petitioner/Accused No.1 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.
The Petitioner/Accused No.1 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have passport, he shall submit an affidavit to that effect to the Investigating Officer.