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Judgment
The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioner /Accused No.5 for granting of pre-arrest bail in connection with Crime No.154 of 2024 of Chilakalapudi Urban Police Station, Krishna District, was registered for the alleged offences punishable under Sections 118(1), 85 and 127(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity, ‘the BNS’).
Mr.M. Solomon Raju, the learned counsel for the Petitioner, submits that the Petitioner is innocent of the alleged offence and she has been falsely implicated by the Police. It is further submitted that the Petitioner is the sole earning members of the family and, therefore, her incarceration would cause undue hardship to her dependents. The Petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. Hence, it is urged to allow the Criminal Petition.
Per contra, Mr.A. Sai Rohit, the learned Assistant Public Prosecutor, vehemently opposed the grant of pre-arrest bail to the Petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the Petitioner is released on anticipatory bail, there is a strong likelihood that she may abscond, thereby hampering the ongoing investigation and evading the process of law. Hence, it is urged to dismiss the Criminal Petition.
Heard the learned Counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record.
On perusal of the record, it is evident that the learned Special Judge for Trial of Cases under the SCs and STs (PoA) Act-cum-X Additional District Judge, Krishna, by order dated 10.09.2024 in Crl.M.P.No.138 of 2024 arising out of Crime No.154 of 2024, granted pre-arrest bail to the Petitioner and directed her to surrender before the Station House Officer, Chilakalapudi Police Station, Machilipatnam, within ten days. However, the Petitioner could not surrender within the stipulated period as she had gone to Dubai. The Petitioner, being a lady, has since returned to India. It is also evident from the charge sheet that the Petitioner was shown as having been granted pre-arrest bail.
Having regard to the facts and circumstances of the case, the Petitioner is permitted to surrender before the learned Trial Court within a period of two weeks from the date of receipt of a copy of this order. On such surrender, the Petitioner shall be enlarged on bail.
In the result, the Criminal Petition is allowed with the following conditions:
In the event of her arrest, the Petitioner/Accused No.5 shall be enlarged on bail subject to her executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for the like sum each to the satisfaction of the arresting police officials;
The Petitioner/Accused No.5 shall make herself available for investigation as and when required;
The Petitioner/Accused No.5 shall not cause any threat, inducement or promise to the prosecution witnesses;
The Petitioner/Accused No.5 shall appear before the Station House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet.
The Petitioner/Accused No.5 shall not leave the limits of the Andhra Pradesh without the express permission from the Station House Officer concerned.
The Petitioner/Accused No.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/Accused No.5 shall surrender her passport, if any, to the investigating officer. If she claims that she does not have passport, she shall submit an affidavit to that effect to the Investigating Officer.