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Judgment
ORDER:
The Criminal Petition has been filed under Sections 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioners/Accused Nos.1 to 12 in Cr.No.92 of 2016 on the file of Atkuru Police Station, Krishna District for the alleged offences punishable under Sections 140(3), 118(1) and 115(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’).
Mr.Kalapala Doondi Maharaj, the learned Counsel for the Petitioners submits that Petitioners are innocent of the alleged offence and have been falsely implicated in the case. The Petitioners are law-abiding citizens. They are sole earning members of their family. They have not committed any offence. The Petitioners undertake 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 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 and urged to dismiss the Petition.
On perusal of the record, the Petitioners are arraigned as Accused Nos.1 to 12 in this case. The Casualty Medical Officer, Gannavaram, issued a wound certificate stating that no other active visible injuries were found and that the injury mentioned therein is simple in nature.
Having regard to the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioners/Accused Nos.1 to 12, this Court is inclined to enlarge the Petitioners/Accused Nos.1 to 12 on pre-arrest bail with some stringent conditions.
In the result, the Criminal Petition is allowed with the following stringent conditions:
In the event of their arrest, the Petitioners/Accused Nos.1 to 12 shall be enlarged on bail subject to their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties for the like sum each to the satisfaction of the arresting police officials;
The Petitioners/Accused Nos.1 to 12 shall make themselves available for investigation as and when required;
The Petitioners/Accused Nos.1 to 12 shall not cause any threat, inducement or promise to the prosecution witnesses.
The Petitioners/Accused Nos.1 to 12 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 Petitioners/Accused Nos.1 to 12 shall not leave the limits of the State of Andhra Pradesh without the express permission from the Station House Officer concerned.
The Petitioners/Accused Nos.1 to 12 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 Petitioners/Accused Nos.1 to 12 shall surrender their passports, if any, to the Investigating Officer. If they claim that they do not have passports, they shall submit an affidavit to that effect to the Investigating Officer.