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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.3 and 4 on bail in Crime No. 290 of 2026 of Tirupati Rural Police Station, Tirupati District, registered against the Petitioners herein for the alleged offences punishable under Sections 329(4), 118(1), 191(2), 191(3), 109(1) read with 190 of the Bharatiya Nyaya Sanhitha, 2023 (for brevity, ‘the BNS’).
Sri D.Purna Chandra Reddy, the learned counsel for the Petitioners herein, submits that Petitioners are innocent of the alleged offences and have been falsely implicated in the case. They are law-abiding citizens and sole earning members of their respective families. They have not committed any offence. Petitioners undertake to strictly adhere to any conditions that may be imposed by this Court and prayed to allow the present Criminal Petition.
Per contra, Mr. A. Sai Rohit, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the Petitioners, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the Petitioners are 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.
As seen from the record, Accused Nos.1 and 2 have allegedly attacked L.W.1/Victim and that the Petitioners/Accused Nos.3 and 4 have supported them. The petitioners were arrested on 06.08.2026 and have been in judicial custody for the past 41 days. 7 witnesses have examined till date. A substantial portion of the investigation with regard to the alleged role played by the petitioners has been completed, and the charge sheet is yet to be filed. The petitioners are permanent residents of Tirupati District and have got fixed abodes. Therefore, the possibility of the petitioners threatening the witnesses, tampering with the evidence, or hampering the investigation may not arise.
Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioners and the period of incarceration undergone by the Petitioners, this Court is inclined to enlarge the Petitioners/Accused Nos.3 and 4 on bail with some stringent conditions.
In the result, the Criminal Petition is allowed with the following stringent conditions:
The Petitioners/Accused Nos.3 and 4 shall be enlarged on bail subject to their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties each for the like sum, each to the satisfaction of the III Addl. Judicial Magistrate of First Class, Tirupati.
The Petitioners/Accused Nos.3 and 4 shall appear before the Station House Officer concerned, on every Saturday between 10:00 am and 01:00 pm, till filing of the charge sheet.
The Petitioners/Accused Nos.3 and 4 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned.
The Petitioners/Accused Nos.3 and 4 shall not commit or indulge in commission of any offence while on bail.
The Petitioners/Accused Nos.3 and 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.3 and 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.3 and 4 shall surrender their passports to the Investigating Officer, if they state that they do not have passports, each Petitioner shall submit an affidavit to that effect.