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CDJ 2026 APHC 1541 print Preview print Next print
Court : High Court of Andhra Pradesh
Case No : Criminal Petition No. 6817 of 2026
Judges: THE HONOURABLE DR. JUSTICE Y. LAKSHMANA RAO
Parties : Dasari Manikanta & Another Versus The State of Andhra Pradesh, Rep. Public Prosecutor, Amaravati & Another
Appearing Advocates : For the Petitioner: Nuthalapati Mohan, Advocate. For the Respondent: Public Prosecutor, Karumanchi Indraneel Babu, Advocate.
Date of Judgment : 14-08-2026
Head Note :-
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 -
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023
- Sections 64(2)(m), 308(2), 324(4), 75(1), 79 read with 54 of the Bharatiya Nyaya Sanhita, 2023
- Sections 3(2)(v), 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989

2. Catch Words:
- Pre‑arrest bail
- Bail
- Investigation
- Caste‑related offence
- Pregnancy (relevant to bail considerations)

3. Summary:
The petition under Section 482 BNSS seeks pre‑arrest bail for accused Nos. 2 and 3, who are alleged to be involved in offences under the BNS and the SC/ST Act. The prosecution contends the allegations are serious and investigation is at a crucial stage, urging dismissal. The court notes that the primary allegations pertain to accused No. 1, while the offences attributed to Nos. 2 and 3 carry imprisonment of less than seven years. Considering the facts, the gravity of the charges against them, and the petitioners’ circumstances (including pregnancy), the court grants pre‑arrest bail with strict conditions. The conditions include bond, sureties, regular appearance before police, restriction on leaving the state, and non‑interference with witnesses. The petition is consequently allowed.

4. Conclusion:
Petition Allowed
Judgment :-

1. The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the petitioners/Accused Nos.2 and 3 for granting of pre-arrest bail in connection with Crime No.519 of 2026 of Tadepalli Police Station, Guntur District, was registered for the alleged offence punishable under Sections 64(2)(m), 308(2), 324(4), 75(1), 79 read with 54 of the Bharatiya Nyaya Sanhita, 2023 ‘(for brevity ‘the BNS’), Sections 3(2)(v), 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

2. The case of the prosecution, in brief, is that on 01.08.2026 at about 12.00 noon, the accused Kanneganti Arun Babu forcibly entered the complainant’s hotel room at Fortune Grand Hotel, Tadepalli, assaulted her, and allegedly committed sexual intercourse with her four times. He also allegedly abused her with caste-related derogatory remarks, forcibly took her Samsung Z Fold 7 mobile phone containing personal photographs, and damaged property. On 02.08.2026, he allegedly threatened the complainant and damaged the front glass of a vehicle. Thereafter, the complainant lodged a report with Tadepalli Police, based on which the FIR was registered against the accused and others.

3. Mr.Nuthalapati Mohan, the learned counsel for the petitioners, submits that the petitioners are the innocents of the alleged offence and they have been falsely implicated by the police. They are law-abiding citizens. They have not committed any offence. They are the sole breadwinners of the family. The petitioners undertake 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.

4. Per contra, Mr.Neelotphal Ganji, the learned Assistant Public Prosecutor, opposed the petition and submitted that the allegations against the accused are serious in nature and prima facie disclose the commission of cognizable offences. He submitted that the statement of the complainant and other material collected during the course of investigation support the prosecution case. It was further contended that the investigation is at a crucial stage and that the custodial interrogation of the accused may be necessary for a fair and effective investigation. Hence, he urged that the petition be dismissed.

5. On the other hand, Mr.Peta Gnana Teja, the learned counsel representing Mr.Indraneel Babu, the learned counsel for respondent No.2, concurred with the submissions made by the learned Assistant Public Prosecutor and supported the case of the prosecution. It was further submitted that the allegations made by the complainant disclose serious offences and are supported by the material collected during the course of investigation. He submitted that the accused is not entitled to any relief in view of the gravity and nature of the allegations. He therefore prayed that the petition be dismissed.

6. Heard the learned counsel for the Petitioners, the learned Assistant Public Prosecutor and the learned counsel for respondent No.2. Perused the record.

7. As seen from the record, accused No.1 and the de-facto complainant are in a love relationship and have sorted out their issues. Accused No.3/petitioner No.2 is four months pregnant. Accused Nos.2 and 3 are husband and wife. The entire allegations are against accused No.1. The allegations against the petitioners/accused Nos.2 and 3, as made by the de-facto complainant, are punishable with imprisonment of less than seven years.

8. Having regard to the entire facts and circumstances of the case, the gravity and nature of the allegations levelled against the petitioners/Accused Nos.2 and 3, the alleged role played by them in this case, this Court deems it fit to grant pre-arrest bail to the petitioners/Accused Nos.2 and 3 with the following conditions:

                  i. In the event of their arrest, petitioners/Accused Nos.2 and 3 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 arresting police officials;

                  ii. The petitioners/Accused Nos.2 and 3 shall make themselves available for investigation as and when required;

                  iii. The petitioners/Accused Nos.2 and 3 shall not cause any threat, inducement or promise to the prosecution witnesses.

                  iv. The petitioners/Accused Nos.2 and 3 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.

                  v. The petitioners/Accused Nos.2 and 3 shall not leave the limits of the State of Andhra Pradesh without the express permission from the Station House Officer concerned.

                  vi. The petitioners/Accused Nos.2 and 3 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.

9. In the result, the Criminal Petition is allowed.

 
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