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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.109 of 2026 of Pellakur Police Station, Tirupati District, registered for the alleged offences punishable under Sections 103(1) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’).
Sri B.Sesibushan Rao, the learned Counsel for the Petitioner submits that the Petitioner is innocent of the alleged offence. He has been falsely implicated by the police. He is a law-abiding citizen. He has not committed any offence. He is the sole earning member of the family. 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 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 and the learned Assistant Public Prosecutor. Perused the record.
On perusal of the record, the petitioner is a member of the ZPTC, Pellakur, and belongs to the opposite party. During the pendency of this petition, the learned Assistant Public Prosecutor submitted that a remand report had been filed seeking extension of the period of custodial interrogation of the petitioner. Therefore, the matter was adjourned from time to time. Meanwhile, the learned Trial Court ordered custodial interrogation of the petitioner for a period of two days, i.e., on 05.11.2026 and 06.11.2026. The learned counsel for the petitioner submits that, on 05.11.2026, the petitioner was not taken into police custody, in spite of the orders passed by the learned Trial Court, and that he was taken into police custody only on 06.11.2026. The period of custodial interrogation is now over, and the period for filing such application for that purpose has also been expired.
The petitioner surrendered before the learned jurisdictional Magistrate concerned on 10.09.2026. He has been in judicial custody for the past 60 days. The petitioner is aged about 69 years. The prosecution alleges that the petitioner committed the offence of murder of the deceased, namely, Valipi Balaiah, aged about 65 years, who is the father of the de-facto complainant. The specific allegation against the petitioner is that he, along with others, fisted the deceased, as a result of which the deceased died. So far, thirteen witnesses have been examined, who are stated to be star witnesses for the prosecution.
The learned Assistant Public Prosecutor submits that, on an earlier occasion, this Court, vide order dated 19.06.2026 in Crl.P.No.4520 of 2026, granted bail to the petitioner in Cr.No.51 of 2026 of Pellakur Police Station, registered for the offences punishable under Sections 364, 342, 384, 323, 506(2), 120-B read with Sections 109 and 34 of ‘the IPC’. In the said order, a condition was imposed directing the petitioner, who was arrayed as Accused No.1 in that case, not to commit or indulge in the commission of any offence in future. It is contended that the petitioner violated the said condition and, therefore, is not entitled to any consideration in the present bail application.
It is important to note that the petitioner, while in judicial custody, was elected as a member of the ZPTC, Pellakur. It is also submitted that the son of the de-facto complainant has filed another complaint against the petitioner before the Tahsildar in connection with a separate set of disputes. The petitioner is resident of Tirupati District. He has got fixed abode.
Be that as it may, having regard to the circumstances of the case, the gravity and nature of the allegations levelled against the petitioner, his period of judicial custody and the stage of investigation, 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.50,000/-(Rupees Fifty Thousand only) with two sureties for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Naidupeta.
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 Station House Officer 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.