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CDJ 2026 APHC 1177
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| Court : High Court of Andhra Pradesh |
| Case No : Criminal Petition No. 5348 of 2026 |
| Judges: THE HONOURABLE DR. JUSTICE Y. LAKSHMANA RAO |
| Parties : Uyyuru Ramesh Reddy Versus The State of Andhra Pradesh, High Court of Andhra Pradesh, At Amaravati. |
| Appearing Advocates : For the Petitioner: M.K. Raj Kumar, Advocate. For the Respondent: Public Prosecutor. |
| Date of Judgment : 10-07-2026 |
| Head Note :- |
Bharatiya Nyaya Sanhita, 2023 - Sections 109(1) read with 3(5) -
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
- Sections 109(1) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS)
2. Catch Words:
- Bail
- Criminal Petition
- Police custody
- Investigation
- Bond
- Sureties
- Conditions of release
3. Summary:
The petitioner filed a criminal petition under Sections 480 and 483 of the BNSS seeking bail for offences under Sections 109(1) read with 3(5) of the BNS. The petitioner claimed innocence, hardship, and pledged compliance with any conditions. The prosecution opposed bail, citing ongoing investigation and risk of absconding. The court noted that the victim’s injury was simple, material investigation on the petitioner was complete, and several witnesses had been examined. Considering the circumstances, the court decided to grant bail with stringent conditions, including a bond, regular reporting to the SHO, travel restrictions, and cooperation with the investigation. The petition was therefore allowed.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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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 No.1 on bail in Crime No.76 of 2026 of Reddigudem Police Station, NTR District, registered against the Petitioner/Accused No.1 herein for the offences punishable under Sections 109(1) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’).
2. Mr.M.K.Raj Kumar, the learned counsel for the petitioner, submits that the petitioner is innocent of the alleged offence and he has been falsely implicated by the police. It is further submitted that the petitioner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. He is a law-abiding citizen. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, the learned counsel prays that the present petition be allowed in the interest of justice.
3. Per contra, Mr.A.Rohit, the learned Assistant Public Prosecutor vehemently opposed the grant of 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 bail at this stage, there is a strong likelihood that he 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.
4. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record.
5. As seen from the record, the petitioner is arraigned as Accused No.1. The wound certificate has been received, which indicates that the victim sustained only a simple injury. The case was registered for the offence punishable under Section 109(1) read with Section 3(5) of ‘the BNS’. The petitioner, the de-facto complainant, and the other witnesses belong to the same political party. The petitioner was arrested on 02.06.2026. He has been in judicial custody for the past 38 days. So far, thirteen witnesses have been examined, all of whom are official witnesses. Some of the accused are absconding. The material portion of the investigation with regard to the alleged role played by the petitioner has been completed.
6. The prosecution, before the learned Trial Court, filed a memo stating that an application had been filed seeking police custody of the petitioner and Accused No.2. The memo further stated that the custodial interrogation of the petitioner and the other accused was no longer required, as substantial progress had been made in the investigation. Based on the said memo, the custody petition pending before the learned Trial Court was permitted to be withdrawn. The petitioner is a permanent resident of NTR District. He has got fixed abode. The petitioner would not indulge in similar offences while on bail during the pendency of the trial.
7. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.1, this Court is inclined to enlarge the Petitioner/Accused No.1 on bail with some stringent conditions.
8. In the result, the Criminal Petition is allowed with the following stringent conditions:
i. The Petitioner/Accused No.1 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 Judicial First Class Magistrate, Mylavaram.
ii. The Petitioner/Accused No.1 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 No.1 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned.
iv. The Petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future.
v. The Petitioner/Accused No.1 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 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.
vii. 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.
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