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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 to 4 on bail in Cr.No.197 of 2026 on the file of Chilakalapudi Police Station, Machilipatnam, Krishna District, registered for the alleged offences punishable under Sections 109(1), 115(2) and 333 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’).
Mr.akula Vamsi Krisha, learned counsel for the Petitioners submits that the Petitioners are innocent of the alleged offences and they have been falsely implicated by the Police. It is further submitted that the Petitioners are the sole earning members of their family and, therefore, their incarceration would cause undue hardship to her dependents. The Petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, learned Counsel prays that the present petition be allowed in the interest of justice.
Per contra, Mr. Neelootphal Ganji, learned Assistant Public Prosecutor vehemently opposed the grant of bail to the Petitioners, submits that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the Petitioners is 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.
On perusal of the record, it is evident that this is the second bail application filed by the Petitioners/Accused Nos.1 to 4. This Court, by order dated 05.08.2026 in Crl.P.No.6187 of 2026, dismissed the first bail application. The preliminary charge sheet has been filed and numbered as C.F.No.4118 of 2026. Accused Nos.14 and 17 have already been enlarged on bail. The Petitioners were arrested on 30.06.2026 and have been in judicial custody for the past 65 days.
In view of the substantial part of the investigation having been completed and the preliminary charge sheet having already been filed, this Court is inclined to enlarge the Petitioners/Accused Nos.1 to 4 on bail, subject to stringent conditions.
In the result, the Criminal Petition is allowed with the following conditions:
The Petitioners/Accused Nos.1 to 4 shall be enlarged on bail subject to their executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) each with two sureties for the like sum each to the satisfaction of the learned II Additional Judicial First Class Magistrate, Machilipatnam.
The Petitioners/Accused Nos.1 to 4 shall appear before the learned Trial Court on each and every adjournment.
The Petitioners/Accused Nos.1 to 4 shall not enter Machilipatnam City until the main witnesses of the prosecution are examined.
The Petitioners/Accused Nos.1 to 4 and their sureties shall furnish their permanent residential address details and identity particulars to the concerned police and keept the police informed about the change in address, if any, time to time.
The Petitioners/Accused Nos.1 to 4 shall not commit or indulge in commission of any offence in future.
The Petitioners/Accused Nos.1 to 4 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 to 4 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 4 shall surrender their passports, if any, to the Investigating Officer. If they claim that they do not have passports, they shall submit affidavits to that effect to the Investigating Officer.