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Judgment
This Criminal Petition is filed by the Petitioners/A-3 and A-4, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, the 'BNSS'), seeking to enlarge them on bail in the event of their arrest in connection with Crime No.118/2026, dated 18.10.2026, on the file of Pullampeta Police Station, Tirupati District, registered for the offences punishable under Sections 126(2), 324(4), 351(2) R/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, the 'BNS') and Section 3 of the Prevention of Damage to Public Property Act, 1984.
Heard Sri V. Sai Kumar, learned counsel for the petitioners/A-3 and A-4 and Sri Neelothpal Ganji, learned Public Prosecutor, appearing for the 1st respondent – State.
Learned Public Prosecutor sought time to file counter.
The contention of the petitioners is that five persons were arrayed as accused in the aforesaid Crime No.118 of 2026. Accused Nos.3 and 4 have filed the present Petition. A-1 was sent to remand but the remand was rejected as the alleged offences punishable are below 7 years.
Learned Public Prosecutor submitted that he has to get instructions as to whether any provisions are altered or not.
At this stage, learned counsel for the petitioners submitted that the alleged offences, if proved, are only punishable below 7 years. Learned counsel further submitted that the petitioners/A-3 and A-4 are intending to file their nominations for the forthcoming elections and the deadline is 23.10.2026. If any coercive steps are taken at this time, their right to participate in the elections would be jeopardized.
Learned Public Prosecutor fairly admits that the alleged offences lodged against the petitioners, as per the report in Crime No.118 of 2026, as of now, are punishable below 7 years.
Considering the facts and circumstances and also the submission that A-1, who was arrested and when produced after remand, was said to be released on bail, and the punishment for the alleged offences, if proved, is below 7 years, let the respondent proceed as per due procedure of law contemplated under Section 35(3) of BNSS in further proceedings.
Accordingly, with the above direction, the Criminal Petition is disposed of.
Needless to specify that the petitioners/A-3 and A-4 shall cooperate for further investigation.
As a sequel, miscellaneous applications, if any, pending shall stand closed.