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Judgment
This Criminal Petition is filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “the BNSS”), by the petitioners/ accused Nos.5 and 6, seeking their release on bail in Crime No.3 of 2026 of Mudivedu Police Station, Annamayya District, registered for the offences punishable under Sections 179, 180 and 318 (4), read with Section3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, “the BNS”).
The petitioners contend that they are not concerned with the alleged offences and did not participate in the crime. According to them, their names were mentioned only in the statements of co-accused, and no recovery was made from them. They further submit that no other criminal cases are pending against them and seek bail.
Heard Sri D.Purna Chandra Reddy, learned counsel for the petitioners, and Ms.P. Akhila Naidu, learned Assistant Public Prosecutor. Perused the record.
The record shows that Crime No.3 of 2026 was registered on the basis of a mediator’s report against the petitioners and seven others for the offences referred to above. Learned counsel for the petitioners submits that the petitioners were arrested on 02.09.2026 and have been in judicial custody for about 52 days. It is also submitted that they were implicated on the basis of statements made by co-accused and that accused Nos.2, 3, 4 and 9 have already been granted bail by this Court and the learned trial Court. The present petition is not being considered for a final determination of the merits of the allegations.
The learned Assistant Public Prosecutor submits that accused No.1 is absconding, the remaining accused have been apprehended, most of the investigation is completed, and the charge sheet has not yet been filed.
Having considered the submissions and the material available on record, this Court notes that the petitioners have been in judicial custody for about 52 days, that most of the investigation is stated to be completed, and that the charge sheet is yet to be filed. The submissions regarding the role attributed to the petitioners and the grant of bail to some co-accused have also been taken into account. Further, the learned counsel has submitted that the wife of the first petitioner’s brother died about three days ago. Considering the totality of these circumstances, this Court is of the view that the petitioners can be released on bail, subject to appropriate conditions.
Accordingly, this Criminal Petition is allowed, and the petitioners/ accused Nos.5 and 6 shall be enlarged on bail on execution of personal bond for Rs.25,000/- each, with two sureties for like sum each, to the satisfaction of the I Additional Judicial Magistrate of First Class, Madanapalle, and the petitioners shall abide the conditions contemplated under Section 480 of the BNSS.
As a sequel thereto, pending miscellaneous petitions, if any, shall stand closed.