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Judgment
ORDER:
The 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 Petitioners/Accused Nos.2 to 4 on bail in Crime No.180 of 2026 of Nuzvid Rural Police Station, Eluru District, registered for the alleged offence punishable under Section 108 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’).
Mr. Sreenivasa Rao Velivela, the learned counsel for the petitioners, submits that the petitioners are innocent of the alleged offence and have been falsely implicated by the police. It is further submitted that the petitioners are the sole earning members of their respective families and, therefore, their continued incarceration would cause undue hardship to their dependents. The petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. Hence, it is urged that the petition be allowed.
Per contra, Mr. A. Sai Rohith, the learned Assistant Public Prosecutor, vehemently opposed the grant of bail to the petitioners, submitting that the investigation is still in progress and several material witnesses remain to be examined. It is contended that, if the petitioners are released on bail at this stage, there is a likelihood of their absconding, thereby hampering the ongoing investigation and evading the process of law. Hence, it is urged to dismiss the Criminal Petition.
Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record.
On perusal of the record, it is alleged that the deceased committed suicide on account of the alleged abetment by the Petitioners. Earlier, the deceased had lodged a complaint against Accused No.1 for the alleged offences under the provisions of the Protection of Children from Sexual Offences Act, 20121. As per the contention of the learned counsel for the Petitioners, the deceased and Accused No.1 were lovers. Accused No.2 is the junior paternal uncle of Accused No.1, while Accused Nos.3 and 4 are the parents of Accused No.1. Accused No.1 is already in judicial custody. The Petitioners were apprehended on 04.09.2026. They have been in judicial custody for the past 33 days. So far, 13 witnesses have been examined, and substantial portion of the investigation is completed.
The Petitioners are permanent residents of Eluru District. They have got fixed abode. If the Petitioners are enlarged on bail subject to stringent conditions, there is no likelihood of their interfering with the investigation, threatening witnesses, or tampering with evidence.
Having regard to the facts and circumstances of the case, the nature and gravity of the allegations levelled against the petitioners, this Court is inclined to enlarge the Petitioners/Accused Nos.2 to 4 on bail, subject to certain stringent conditions.
In the result, the Criminal Petition is allowed with the following stringent conditions:
The Petitioners/Accused Nos.2 to 4 shall be enlarged on bail subject to their executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with two sureties each for the like sum each to the satisfaction of the learned I Additional Judicial Magistrate of First Class, Nuzvid.
The Petitioners/Accused Nos.2 to 4 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 Petitioners/Accused Nos.2 to 4 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned.
The Petitioners/Accused Nos.2 to 4 shall not commit or indulge in commission of any offence while on bail.
The Petitioners/Accused Nos.2 to 4 shall cooperate with the Investigating Officer in further investigation of the case and shall make themselves available for interrogation by the Investigating Officer as and when required.
The Petitioners/Accused Nos.2 to 4 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 Petitioners/Accused Nos.2 to 4 shall surrender their passports, if any, to the Investigating Officer. If they claim that they do not have passports, they shall submit affidavits to that effect to the Investigating Officer.
Footnotes
- 1.‘the POCSO Act’