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Judgment
This Criminal Petition is filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) praying this Court to enlarge the petitioners - A1 to A3 on bail in connection with Crime No.109 (1) read with 3(5) of the BNS.
Heard Sri Alluri Divakar Reddy, learned counsel for the petitioners – A1 to A3 and Sri D. Arun Kumar, learned Additional Public Prosecutor, for respondent - State.
Learned counsel for the petitioners submits that the petitioners were falsely implicated in the case, they were arrested and remanded to judicial custody on 04.08.2026. He further submits the petitioners were falsely implicated in this case without there being any iota of evidence or connecting material to establish the role of the petitioners in commission of the said crime, more particularly, when the complainant has not suffered any injuries. It is further contended that the police have examined all the witnesses and also recorded the confession and seizure panchanama of the accused and thus, prayed to enlarge the petitioners – A1 to A3 on bail.
Learned Additional Public Prosecutor produced the Medico-Legal Case Record of Aslam (LW2/injured) issued by the Government General Hospital, Nizamabad, wherein it is mentioned that he sustained two laceration injuries and discharged from the hospital. He further submits that out of two injuries one injury is simple in nature.
It appears from the record that major portion of the investigation is completed. The victim is also discharged from the hospital. The petitioners are in judicial custody since 04.08.2026 and detaining them further in judicial custody will not serve the purpose.
In view of the aforesaid circumstances, the petitioners – A1 to A3 are entitled to be enlarged on bail subject to following conditions:
The petitioners-A1 to A3 shall execute personal bonds for a sum of Rs.10,000/-(Rupees Ten Thousand only) each with two sureties for a like sum each to the satisfaction of learned I Additional Judicial Magistrate of First Class at Nizamabad.
ii) The petitioners-A1 to A3 shall appear before the concerned SHO between 10:00 a.m. and 5:00 p.m., on every Sunday for a period of eight (8) weeks or till filing of charge sheet whichever is earlier, for the purpose of investigation and thereafter, as and when required.
iii) The petitioners-A1 to A3 shall abide by the conditions stipulated in Section 437(3) of Cr.P.C. (presently, Section 480(3) of the BNSS).
iv) The petitionera-A1 to A3 shall not directly or indirectly influence, threaten, or induce any of the prosecution witnesses.
In the event of violation of any of the above conditions, the prosecution is at liberty to file an application for cancellation of bail.
Accordingly, this Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.