AI Structured Summary
Not yet generated for this judgment
Judgment
Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioner/Accused No.1 for granting of pre-arrest bail in connection with Crime No.37 of 2026, dated 04.02.2026 of Chodavaram Police Station, Anakapalli District, was registered for the alleged offences punishable under Sections 126(2), 115(2), 351(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity, ‘the BNS’).
Learned Counsel for the Petitioner submits that the Petitioner is the innocent of the alleged offence. He is a law-abiding citizen. He has not committed any offence. He has been falsely implicated by the police. The Petitioner undertakes 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.A.Sai Rohith, the learned Assistant Public Prosecutor vehemently opposed the grant of pre-arrest 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 pre-arrest bail, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law. Hence, it is urged that the petition be dismissed.
Heard the learned Counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record.
Though it is trite that an FIR is not expected to be an encyclopaedic narration of every minute detail and serves primarily as a document to set the criminal law in motion, a careful perusal of the complaint reveals that the de-facto complainant has conspicuously omitted to specifically allege that the Petitioner/Accused No.1 assaulted him with a knuckle-duster blow on his lower jaw causing a grievous injury. The investigation reveals that there are no other accused as alleged by the de-facto complainant in commission of the offences expect the Petitioner. Falsus in uno, falsus in omnibus is not the principle applicable to the criminal law.
Initially, the Crime was registered for the alleged offences punishable under Sections 115(2), 351(2) read with 3(5) of ‘the BNS.’ In the course of investigation as the de-facto complainant suffered grievous injury the Investigating Officer had added Section 118(2) of ‘the BNS’.
It is submitted by the learned Counsel for the Petitioner and the learned Assistant Public Prosecutor that Petitioner had been cooperating with the Investigating Officer pursuant to a notice contemplated under Section 35(3) of ‘the BNSS.,’ was issued on the Petitioner.
Having regard to the entire facts and circumstances of the case, the gravity and nature of the allegations levelled against the Petitioner/Accused No.1, this Court deems it fit to grant pre-arrest bail to the Petitioner/Accused No.1 with the following conditions:
In the result, the Criminal Petition is allowed with the following conditions:
In the event of his arrest, Petitioner/Accused No.1 shall be enlarged on bail subject to his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for the like sum each to the satisfaction of the arresting police officials;
The Petitioner/Accused No.1 shall make himself available for investigation as and when required;
The Petitioner/Accused No.1 shall not cause any threat, inducement or promise to the prosecution witnesses.
The Petitioner/Accused No.1 shall appear before the Station House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet.
The Petitioner/Accused No.1 shall not leave the limits of the State of Andhra Pradesh without the express permission from the Station House Officer concerned.
The Petitioner/Accused No.1 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 No.1 shall surrender his passport, if any, to the Investigating Officer. If he claims that he does not have passport, he shall submit an affidavit to that effect to the Investigating Officer.
The Petitioner/Accused No.1 shall not indulge in any offence of a similar nature while on anticipatory bail. In case of any violation of this condition or misuse of the liberty granted, it is open to the prosecution to file a petition for cancellation of anticipatory bail in accordance with law.