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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.3 and 4 on bail in Crime No.76 of 2026 of RIMS U/G Police Station, YSR Kadapa District, registered for the alleged offences punishable under Sections 103(1), 238 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’).
Mr.Amirisetty Sai Raghava, 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 substantial part of the investigation has already been completed. 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, the learned Assistant Public Prosecutor urged that the petitions be dismissed.
Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the material available on record.
On perusal of the record, it appears that the petitioners are arraigned as Accused Nos.3 and 4. They were arrested on 15.06.2026 and have been in judicial custody for the past 99 days. The allegation against the petitioners is that they participated in the commission of the alleged murder. Substantial part of the investigation with regard to the alleged role attributed to the petitioners has been completed. However, the charge sheet has not yet been filed even after completion of the statutory period of 90 days. There are no adverse antecedents reported against the petitioners.
The petitioners are permanent residents of YSR Kadapa and they have got fixed abode. If the petitioners are enlarged on bail, subject to stringent conditions, there is no likelihood of their absconding, threatening the witnesses, tampering with the evidence or hampering the further course of investigation. No application seeking custodial interrogation of the petitioners has been filed, and the period for filing such an application has also expired.
Having regard to the facts and circumstances of the case, the nature and gravity of the allegations levelled against the petitioners, the period of incarceration undergone by them and the stage of investigation, this Court is inclined to enlarge the Petitioners/Accused Nos.3 and 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.3 and 4 shall be enlarged on bail subject to their executing a bond for a sum of Rs.5,00,000/-(Rupees Five Lakhs only) each with two sureties each for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Special Mobile Court, Kadapa.
The Petitioners/Accused Nos.3 and 4 shall appear before the Investigating Officer concerned, on every Monday, Wednesday and Saturday in between 10:00 am and 01:00 pm, till filing of the charge sheet.
The Petitioners/Accused Nos.3 and 4 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Investigating Officer concerned.
The Petitioners/Accused Nos.3 and 4 shall not commit or indulge in commission of any offence while on bail.
The Petitioners/Accused Nos.3 and 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.3 and 4 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case.
The Petitioners/Accused Nos.3 and 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.
The petitioners/Accused Nos.3 and 4 shall not stay in Kadapa District. However, they shall appear before the Investigating Officer on the aforesaid days and at the aforesaid time and, after such appearance, shall leave the limits of Kadapa District.