AI Structured Summary
Not yet generated for this judgment
Judgment
This Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “the BNSS”), seeking to enlarge the petitioner/accused on bail in connection with Crime No. 473 of 2026 of Tadepalli Police Station, Guntur District, registered for the offence punishable under Section 109(1) of the Bharatiya Nyaya Sanhita, 2023 (for short, “the BNS”).
Respondent No. 2 and her children are present before this Court.
Heard the learned counsel appearing for the petitioner, the learned counsel appearing for respondent No. 2, respondent No. 2 herself, and the learned Assistant Public Prosecutor. Perused the record.
As seen from the record, a case in Crime No. 473 of 2026 was registered for the offence punishable under Section 109(1) of the BNS, based on the report lodged by respondent No. 2, who is the wife of the petitioner/accused.
The learned counsel for the petitioner submits that the incident occurred following a heated exchange of words and grave and sudden provocation. He further submits that the petitioner has been in judicial custody for the past 76 days, he is the sole breadwinner of his family and has no criminal antecedents. Respondent No. 2 has also stated that she has no objection to enlarge the petitioner being enlarged on bail.
The learned Assistant Public Prosecutor submits that the wound certificate is yet to be received and so far that seven witnesses have been examined. Respondent No. 2 has confirmed that she is the wife of the petitioner. No criminal antecedents have been brought to the notice of this Court.
Having considered the facts and circumstances of the case, the period of 76 days already spent by the petitioner in judicial custody, the submission of respondent No. 2 that she has no objection to the grant of bail, and the absence of any reported criminal antecedents, this Court is of the view that the petitioner can be enlarged on bail, subject to appropriate conditions and such a course subserves the ends of justice.
Accordingly, this Criminal Petition is allowed, and the petitioner/accused shall be enlarged on bail on executing a personal bond for Rs.10,000/-(Rupees ten thousand only), with two sureties for the like sum each, to the satisfaction of the Judicial Magistrate of First Class, Mangalagiri, and the petitioner shall abide the conditions contemplated under Section 480 of the BNSS.
As a sequel thereto, pending miscellaneous petitions, if any, shall stand closed.