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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 Petitioners/Accused Nos.1, 3 to 7 on bail in Crime No.231 of 2026 of Mylavaram Police Station, NTR Commissionerate District, registered for the offences punishable under Sections 109(1), 308(5) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’).
Mr.Babu Rao Pandiri, the learned counsel for the petitioners, submits that the petitioners are innocent of the alleged offences and have been falsely implicated by the police. They are law-abiding citizens and the sole breadwinners of their families. The petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, the learned counsel prays that the present petition be allowed in the interest of justice.
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 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. In view of the foregoing submissions, it is urged that the petition be dismissed.
Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record.
As seen from the record, the injured suffered simple injury, as per the wound certificate issued by the Government Medical Officer and also the doctor of the private hospital. So far, ten witnesses are examined. There are altogether seven accused. Accused No.2 is absconding. The petitioners are Accused Nos.1, 3 to 7. They were arrested on 31.08.2026. They have been in the judicial custody for the past 44 days. The petitioners are permanent resident of NTR District. They have got fixed abode.
Having regard to the facts and circumstances of the case, gravity of nature of allegations levelled against the petitioners, this Court is inclined to enlarge the petitioners/Accused Nos.1, 3 to 7 on bail with stringent conditions.
In the result, the Criminal Petition is allowed with the following stringent conditions:
The Petitioners/Accused Nos.1, 3 to 7 shall be enlarged on bail subject to each of them 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 learned Judicial Magistrate of First Class, Mylavaram.
The Petitioners/Accused Nos.1, 3 to 7 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 Petitioners/Accused Nos.1, 3 to 7 shall not commit or indulge in commission of any offence in future.
The Petitioners/Accused Nos.1, 3 to 7 shall cooperate with the investigating officer in further investigation of the case and shall make themselves available for interrogation by the Investigating Officer as and when required.
The petitioners/Accused Nos.1, 3 to 7 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, 3 to 7 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, 3 to 7 shall surrender their passports, if any, to the Investigating Officer. If they claims that they does not have passports, they shall submit an affidavit to that effect to the Investigating Officer.