Borigorla Thirupathaiah & Anr. vs The State Of Andhra Pradesh

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.8 & 9 on bail in Cr.No.51 of 2025 of Podili Police Station, Prakasam District, registered against the petitioners/Accused Nos.8 & 9 herein for the offences punishable under Sections 189 (2), 191 (2), 132, 121 (1) and 109 (1) read with 190 of the Bharatiya Nyaya Sanhita, 2023 (for brevity‘the BNS’).

The material averments stemming from the case of prosecution are that on 11.06.2025 at about 11:50 hours, the de-facto complainant, along with other TDP supporters including women, organized a peaceful protest by standing on the roadside at Besthapalem Road, near Harihara Digital Studio, as the former Chief Minister of the State was scheduled to pass on that way en route to the Tobacco Board, Podili, to interact with the tobacco farmers. At about 11:50 hours, while the peaceful protest was underway and the former Chief Minister’s convoy was passing, the accused Nos. 1 to 6, accused Nos. 8 to 11, and some others formed an unlawful assembly and aggressively approached the de-facto complainant and his group, abused, intimidated, and threatened the complainant and his fellow TDP supporters, and threw chappals and water bottles towards them with an intention to disrupt the protest and instigate violence, even in the presence of police personnel. The accused escalated the situation by pelting stones at the protestors and also at the police, with an intention to kill by causing bodily harm and creating disarray. As a result of the stone pelting, the brother of the de-facto complainant and one police constable sustained bleeding injuries.

Mr. Malireddy Gowtham, the learned counsel for the petitioners, submits that the petitioners have not committed any offence; they are falsely implicated in this case; they are sole bread winners of their family; they are ready to abide any conditions to be imposed by this Court; and urged to enlarge the petitioners/accused Nos.8 & 9 on bail.

Per contra, Mr.A.Sai Rohith, the learned Assistant Public Prosecutor, submits that the investigation is not completed; if the petitioners were granted bail, they will repeat the same offence, and urged to dismiss the bail petition.

Perused the record.

As seen from the record, the petitioners/Accused Nos.8 & 9 have been in judicial custody for the past 27 days. They were arrested on 11.08.2026. As per the case of prosecution, 17 witnesses have been examined so far. There are no specific allegations levelled against the petitioners herein. The alleged role of the petitioners was identified by video footage. The core of the allegation is that the petitioners indulged in pelting stones against the protestors. The learned VI Additional District and Sessions Judge, Markapur, on 09.07.2025, in Crl.M.P.No.513 of 2025 in Cr.No.51 of 2025 of Podili Police Station, enlarged the petitioners therein, who were arrayed as Accused Nos.18 and 19, on bail with certain conditions. This Court vide order dated 17.07.2025 in Crl.P.No.6868 of 2025 enlarged the Accused Nos.12 to 16 on bail subject to certain conditions. The present petitioners/Accused Nos.8 & 9 are also on the same footing, as they allegedly indulged in pelting stones on the brother of de-facto complainant and police constable.

In view of the nature of the allegations levelled against the petitioners, the role allegedly played by them, the period of detention they have undergone in the judicial custody, the progress of the investigation, and the fact that Accused Nos.12 to 16 were enlarged on bail, this Court deems it fit to enlarge the petitioners/Accused Nos.8 & 9 on bail with some stringent conditions.

In the result, the Criminal Petition is allowed with the following conditions: