(Prayer: Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to enlarge the petitioner/Accused on bail in connection with Crime No. 55 of 2026 of Maharanipeta Police Station, Visakhapatnam City and pass)

1. 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 Petitioner/Accused on bail in Crime No.55 of 2026 of Maharanipeta Police Station, Visakhapatnam City, registered against the Petitioner/Accused herein for the offences punishable under Section 85 and 108 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Dowry Prohibition Act.

2. Mr. Katha Siva Sai Chandra Subhash, learned counsel for the Petitioner, submits that the Petitioner is suffering from chronic pancreatitis and pulmonary tuberculosis and requires continuous medical treatment. It is submitted that the Petitioner was admitted to the hospital and, during that period, his deceased wife was attending to and taking care of him. It is further submitted that while the Petitioner was undergoing treatment, the deceased committed suicide in the hospital room. It is further submitted that, the petitioner is the father of three children and is a native of Chhattisgarh. It is further submitted that the Petitioner has not committed any offence and is a law-abiding citizen. The Petitioner undertakes to abide by any conditions that this Court may deem fit to impose while granting bail. Hence, it is prayed that the petition be allowed.

3. Per contra, Mr. K. Sandeep, learned Assistant Public Prosecutor, vehemently opposed the grant of bail to the Petitioner, submitting that the investigation is still in progress and several material witnesses remain to be examined. It is contended that if the Petitioner is released on bail at this stage, there is a strong likelihood of his absconding, 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.

4. Heard learned counsel for the Petitioner and learned Assistant Public Prosecutor. Perused the record.

5. On a perusal of the record, it is evident that the Petitioner was arrested on 05.05.2026 and has been in judicial custody for the past 63 days. Initially, the FIR was registered under Section 194 of the BNSS on the basis of a suspicious death. Subsequently, the case was altered to Sections 85 and 108 of the BNS and Sections 3 and 4 of the Dowry Prohibition Act. So far, nine witnesses have been examined, and they are all material witnesses. Thus, the substantial portion of the investigation, insofar as the Petitioner is concerned, has been completed.

6. The Petitioner is the husband of the deceased. At the relevant point of time, he was admitted to the hospital for treatment, as he was suffering from continuous fever and chronic pancreatitis. It is alleged that, while the Petitioner was undergoing treatment, the deceased, who was attending to him in the hospital, committed suicide by hanging herself from the ceiling fan in Room No. 313 of A.N. Beach Hospital, where the Petitioner had been admitted.

7. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused, this Court is inclined to enlarge the Petitioner/Accused on bail with some stringent conditions.

8. In the result, the Criminal Petition is allowed with the following stringent conditions:

               i. The Petitioner/ Accused shall be enlarged on bail subject to his executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties for the like sum each to the satisfaction of the learned SHO, Maharanipeta Police Station, Visakhapatnam

               ii. The Petitioner/ Accused shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet.

               iii. The Petitioner/ Accused shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned.

               iv. The Petitioner/ Accused shall not commit or indulge in commission of any offence in future.

               v. The Petitioner/ Accused shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the Investigating Officer as and when required.

               vi. The Petitioner/ Accused 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.

               vii. The petitioner/ Accused 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.