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Judgment
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.1 to 3 on bail in Crime No.137 of 2026 of Kuppam Urban Police Station, Chittoor District, registered for the alleged offences punishable under Sections 109(1), 118(1) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’).
Sri D.Purna Chandra Reddy, the learned Counsel for the Petitioners submits that the Petitioners are innocent of the alleged offence. They have been falsely implicated by the police. It is further submitted that the Petitioners are the sole earning members of the family and, therefore, their incarceration would cause undue hardship to their dependents. They are law-abiding citizens. The Petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. Hence, it is urged to allow the Petition.
Per contra, Mr.A.Sai Rohith, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the Petitioners and submitted that, though the Charge Sheet has already been filed, the accusations against the Petitioners are well founded. Hence, 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, the Petitioners were arrested on 08.07.2026. They have been in judicial custody for the past 83 days. After thorough investigation, the charge sheet has been filed. One of the Petitioners also lodged a complaint against the de-facto complainant in the instant crime, which was registered as a case in Cr.No.138 of 2026. This is a case and counter case. The Petitioners are permanent residents of Chittoor and Krishnagiri Districts and have got fixed abode. There are no adverse antecedents reported against the Petitioners.
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 filing of the charge sheet, this Court is inclined to enlarge the Petitioners/Accused Nos.1 to 3 on bail, subject to certain stringent conditions.
In the result, the Criminal Petition is allowed with the following stringent conditions:
The Petitioners/Accused Nos.1 to 3 shall be enlarged on bail subject to their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for the like sum each to the satisfaction of the learned III Additional Judicial Magistrate of First Class, Tirupati.
The Petitioners/Accused Nos.1 to 3 shall appear before the learned Trial Court on each and every adjournment without fail.
The Petitioners/Accused Nos.1 to 3 shall not leave the limits of the State of Andhra Pradesh without prior permission from the learned Trial Court concerned.
The Petitioners/Accused Nos.1 to 3 shall not commit or indulge in commission of any offence while on bail.
The Petitioners/Accused Nos.1 to 3 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.1 to 3 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.