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Judgment
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 Petitioner Nos.1, 2, 3 & 4/Accused Nos.1, 2, 3 & 5 on bail in Crime No.97 of 2026 of Tripuranthakam Police Station, Markapuram District, registered for the alleged offence punishable under Section 194 of the Bharatiya Nyaya Sanhita, 2023 (for brevity, ‘the BNS’).
Heard learned counsel for the Petitioners and learned Assistant Public Prosecutor. Perused the record.
Mr. Koti Reddy Idamakanti, 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 incarceration would cause undue hardship to their dependents. The Petitioners undertake to strictly adhere to any conditions that may be imposed by this Court while enlarging them on bail. Hence, it is urged to allow the Criminal Petition.
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 underway 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 strong likelihood that they may abscond, thereby hampering the ongoing investigation and evading the process of law. Hence, he urged this Court to dismiss the Criminal Petition.
As seen from the record, the Petitioners are arraigned as Accused Nos.1, 2, 3 and 5 in this case. Petitioner No.1/Accused No.1 was arrested on 08.08.2026 and has been in judicial custody for the past 88 days. Petitioner Nos.2, 3 and 4/Accused Nos.2, 3 and 5 were arrested on 09.08.2026 and have been in judicial custody for the past 87 days. The role of the Petitioners in the alleged offence came to light through the extra-judicial confession made by them before the Village Revenue Officer concerned, after surrendering before him. The dead body of the deceased was found by an unknown person, who informed the wife of the deceased about the same. However, the extra-judicial confession was recorded by the Village Revenue Officer one month after the alleged incident. Initially, the FIR was registered as a case of suspicious death. The post-mortem report reveals that the death was due to dehydration, health-related issue or suspicious death. So far, eleven witnesses have been examined. The major portion of the investigation is completed.
The Petitioners are permanent residents of Ramasamudram Village, Tripuranthakam Mandal, Markapuram 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 the evidence.
Having regard to the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner Nos.1, 2, 3 & 4/Accused Nos.1, 2, 3 & 5, this Court is inclined to enlarge the Petitioners on bail with some stringent conditions.
In the result, the Criminal Petition is allowed with the following stringent conditions:
The Petitioner Nos.1, 2, 3 & 4/Accused Nos.1, 2, 3 & 5 shall be enlarged on bail subject to their executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties for the like sum each to the satisfaction of the learned Additional Judicial Magistrate of First Class, Markapur.
The Petitioner Nos.1, 2, 3 & 4/Accused Nos.1, 2, 3 & 5 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 Petitioner Nos.1, 2, 3 & 4/Accused Nos.1, 2, 3 & 5 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned.
The Petitioner Nos.1, 2, 3 & 4/Accused Nos.1, 2, 3 & 5 shall not enter Ramasamudram Village, Tripuranthakam Mandal, Markapuram District, until completion of the investigation.
The Petitioner Nos.1, 2, 3 & 4/Accused Nos.1, 2, 3 & 5 shall not commit or indulge in commission of any offence in future.
The Petitioner Nos.1, 2, 3 & 4/Accused Nos.1, 2, 3 & 5 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 Petitioner Nos.1, 2, 3 & 4/Accused Nos.1, 2, 3 & 5 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 Petitioner Nos.1, 2, 3 & 4/Accused Nos.1, 2, 3 & 5 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 before the Investigating Officer.