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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.190 of 2026 of Tirupati Rural Police Station, Visakhapatnam District, registered for the alleged offences punishable under Section 194 of ‘the BNSS’.
Mr.Mallikarjuna Venati, the learned Counsel for the Petitioner submits that the Petitioner is innocent of the alleged offence. He has been falsely implicated by the police. It is further submitted that the Petitioner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. He is a law-abiding citizen. The Petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. Hence, it is urged 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 de-facto complainant is the brother of the deceased. She hanged herself to the ceiling fan and committed suicide. The deceased, Uha Lakshmi, and the Petitioner/Accused had a live-in relationship for quite a long time. There were some disputes and misunderstandings between the Petitioner and Uha Lakshmi, the deceased. The deceased had two children. The Petitioner was arrested on 22.07.2026 and has been in judicial custody for the past 69 days. So far, six witnesses have been examined. The material portion of the investigation has been completed.
The petitioner is a permanent resident of Tirupati District and has got fixed abode. If the petitioner is enlarged on bail subject to stringent conditions, there is no likelihood of his absconding, threatening the witnesses, tampering with the evidence or hampering the further course of investigation. There are no adverse antecedents reported against the petitioner.
Having regard to the facts and circumstances of the case, the nature and gravity of the allegations levelled against the petitioner, the period of incarceration undergone by him and the stage of investigation, this Court is inclined to enlarge the Petitioner/Accused on bail, subject to certain 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 Magistrate of First Class, Tirupati.
The Petitioner/Accused 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 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 while on bail.
The Petitioner/Accused 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 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 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.