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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 Petitioner/Accused No.1 on bail in connection with Crime No.211 of 2026 of Punganur Urban Police Station, Annamayya District, registered for the alleged offences punishable under Sections 108, 332(b), 115(2), 351(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’).
Notice to respondent No.2 was sent by the learned counsel for the petitioner. As per the postal endorsement, the notice was taken for delivery but was kept on hold at the request of the addressee. Hence, respondent No.2 is deemed to have been served with notice. As respondent No.2 has not appeared before this Court, Mr.K.Kishore Kumar, learned counsel, is appointed as Legal Aid Counsel for respondent No.2. The Secretary, High Court Legal Services Committee, is directed to issue necessary proceedings in this regard.
Mr.B.Girindra Prasad, the learned Counsel for the Petitioner submits that the Petitioner is innocent of the alleged offence. He has been falsely implicated by the police. It is further submitted that the Petitioner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. He is a law-abiding citizen. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. Hence, the learned counsel prays to allow the petition.
Per contra, Mr.A.Sai Rohith, the learned Assistant Public Prosecutor and Mr.K.Kishore Kumar, the learned Legal Aid Counsel for respondent No.2 vehemently opposed the grant of 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 bail at this stage, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law and urged to dismiss the Petition.
Heard the learned counsel for the petitioner, the learned Assistant Public Prosecutor and the learned Legal Aid Counsel for respondent No.2. Perused the record.
On perusal of the record, the petitioner is arraigned as Accused No.1. The petitioner was arrested on 18.08.2026 and has been in judicial custody for the past 76 days. The allegation against the petitioner is that he had attacked the father of respondent No.2, which led to his death. So far, six witnesses have been examined, and a material portion of the investigation has also been completed. Accused No.2 has already been enlarged on bail by the learned Trial Court, vide order dated 07.10.2026 passed in Crl.M.P.No.228 of 2026 by the learned II Additional District and Sessions Judge, Madanapalle. Respondent No.2 is the son of the deceased. The petitioner is a permanent resident of Annamayya District and has got fixed abode.
Having regard to the facts and circumstances of the case, the nature and gravity of the allegations levelled against the petitioner, and the period of incarceration undergone by him, this Court is inclined to enlarge the petitioner/Accused No.1 on bail, subject to certain stringent conditions.
In the result, the Criminal Petition is allowed with the following stringent conditions:
The Petitioner/Accused No.1 shall be enlarged on bail subject to his 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 I Additional Judicial Magistrate of First Class, Punganuru.
The Petitioner/Accused No.1 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/Accused No.1 shall cooperate with the Investigating Officer in further investigation of the case and shall make himself available for interrogation by the Investigating Officer as and when required.
The Petitioner/Accused No.1 shall not leave the limits of the State of Andhra Pradesh without prior permission from the learned Trial Court concerned.
The Petitioner/Accused No.1 shall not commit or indulge in commission of any offence while on bail.
The Petitioner/Accused No.1 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.1 shall surrender his passport, if any, to the Investigating Officer. If he claims that he does not have passport, he shall submit affidavit to that effect to the Investigating Officer.