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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 on bail in Crime No.98 of 2026 of Ongole Taluk Urban Police Station, Prakasam District, registered against the Petitioner/Accused herein for the offences punishable under Section 305(a) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’).
Mr.Mukthiyar Shaik, the learned counsel for the petitioner, submits that the petitioner is innocent of the alleged offence and has been falsely implicated in the case. The petitioner is the sole earning member of his family. He is a law-abiding citizen. The petitioner undertakes 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 and submitted that, though the charge sheet has already been filed, the accusations against the petitioner are well founded. Hence, he prayed that the Criminal Petition be dismissed.
Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record.
As seen from the record, except for the confession of Accused No.1, allegedly made in the presence of the mediator, there is no other incriminating material collected by the Investigating Officer in the course of investigation. On perusal of the averments in the charge sheet, the confession of the accused made before the mediator in the presence of the police is hit by Section 25 of the Indian Evidence Act, 1872/Section 23 of the Bharatiya Sakshya Adhiniyam, 2023. The petitioner is a permanent resident of Palnadu District and has got fixed abode.
Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused, this Court is inclined to enlarge the Petitioner/Accused on bail with some stringent conditions.
In the result, the Criminal Petition is allowed with the following stringent conditions:
The Petitioner/Accused shall be enlarged on bail subject
to his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for the like sum each to the satisfaction of the learned III Additional Judicial First Class Magistrate, Ongole, Prakasam District.
The Petitioner/Accused shall appear before the learned Trial Court concerned on each and every adjournment without fail.
The Petitioner/Accused shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned.
The Petitioner/Accused shall not commit or indulge in commission of any offence in future.
The Petitioner/Accused 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 Superintendent of Police, Ongole, is directed to apprise the Investigating Officer of the relevant provisions of the Indian Evidence Act, 1872, and the manner in which the investigation has to be conducted, as well as the material required to be collected in the course of investigation. The Superintendent of Police is further directed to issue appropriate directions to all the Investigating Officers in the District, and submit a compliance report with details to the Registrar (Judicial) within three months.