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CDJ 2026 APHC 1811 print Preview print Next print
Court : High Court of Andhra Pradesh
Case No : Criminal Petition No. 7901 of 2026
Judges: THE HONOURABLE DR. JUSTICE Y. LAKSHMANA RAO
Parties : Kethavath Srinu & Others Versus The State of Andhra Pradesh, Rep. by its Public Prosecutor High Court of Andhra Pradesh.
Appearing Advocates : For the Petitioner: Ramalakshmana Reddy Sanepalli, Advocate. For the Respondent: Public Prosecutor.
Date of Judgment : 16-09-2026
Head Note :-
Bharatiya Nyaya Sanhita, 2023 - Sections 191(2), 191(3), 109(1) & 118(1) read with 190 -
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023
- Sections 191(2), 191(3), 109(1) and 118(1) read with 190 of the Bharatiya Nyaya Sanhita, 2023
- Section 118(1) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023

2. Catch Words:
- Bail

3. Summary:
- A criminal petition under the BNSS seeks bail for petitioners accused of offences under the BNS.
- Petitioners claim innocence and hardship, while the prosecution warns of possible absconding and ongoing investigation.
- The court notes that substantial investigation has been completed and the petitioners are permanent residents.
- Bail is denied to Petitioner No.1/Accused No.1 due to the gravity of allegations against him.
- Bail is granted to Petitioners Nos.2‑8/Accused Nos.2‑7 & 12 subject to strict conditions, including bond, regular reporting, travel restrictions, and cooperation with investigators.
- The petition is therefore partially allowed.

4. Conclusion:
Petition Allowed
Judgment :-

1. 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 Nos.1 to 8/Accused Nos.1 to 7 & 12 on bail in Crime No.52 of 2026 of Nagarjunasagar Police Station, Palnadu District, registered for the alleged offences punishable under Sections 191(2), 191(3), 109(1) and 118(1) read with 190 of the Bharatiya Nyaya Sanhita, 2023 (for brevity, ‘the BNS’).

2. Mr.Ramalakshmana Reddy Sanepalli, learned counsel for the Petitioners submits that the Petitioners are innocent and have been falsely implicated in this case. It is contended that they are the sole earning members of their families, and their continued incarceration would cause undue hardship to their dependents.

3. The learned counsel for the Petitioner further submits that the present case is a counterblast to Crime No.53 of 2026, registered on the complaint of Accused No.1 for offences punishable under Section 118(1) read with Section 3(5) of ‘the BNS’. Some of the Petitioners suffered grievous and bleeding injuries. It is further submitted that both the Petitioners and the de-facto complainant belong to the same ruling party, and the alleged offence arose out of a dispute regarding distribution of Dwakra money. The Petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. Hence, it is urged to allow the Petition.

4. Per contra, Mr.A.Sai Rohith, learned Assistant Public Prosecutor, vehemently opposed the grant of bail. He further submits that the de-facto complainant suffered a grievous head injury. The investigation is still at a nascent stage, 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 of their absconding, thereby hampering the investigation and evading the process of law. Hence, it is urged to dismiss the petition.

5. Heard the learned counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the record.

6. On perusal of the record, the Petitioners are arraigned as Accused Nos.1 to 7 and 12 in this case. So far, 11 witnesses have been examined. Petitioner No.6/Accused No.6, aged about 66 years, has undergone two surgeries. Petitioner No.5/Accused No.5, aged about 68 years, is also a female and suffered bleeding injuries during the alleged attack, which was registered as Crime No.53 of 2026 on the complaint of Accused No.1. Accused No.4 likewise suffered bleeding injuries. Substantial portion of the investigation, insofar as the role of the Petitioners is concerned, has been completed. The dispute arose between the Petitioners and the de-facto complainant regarding disbursement of Dwakra money. The Petitioners are permanent residents of Palnadu District and have a fixed abode. The main allegations are levelled against Accused No.1, against whom two adverse antecedents are reported.

7. Having regard to the facts and circumstances of the case, and the gravity and nature of the allegations against Petitioner No.1/Accused No.1, this Court is not inclined to grant bail to him at this stage.

8. Accordingly, the petition, insofar as it relates to Petitioner No.1/Accused No.1, is dismissed.

9. With regard to the alleged role of Petitioner Nos.2 to 8/Accused Nos.2 to 7 & 12, this Court is inclined to enlarge them on bail, subject to the following stringent conditions:

                  i. The Petitioner Nos.2 to 8/Accused Nos.2 to 7 & 12 shall be enlarged on bail subject to their executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties each for the like sum each to the satisfaction of the learned Civil Judge (Junior Division), Macherla.

                  ii. The Petitioner Nos.2 to 8/Accused Nos.2 to 7 & 12 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 Nos.2 to 8/Accused Nos.2 to 7 & 12 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned.

                  iv. The Petitioner Nos.2 to 8/Accused Nos.2 to 7 & 12 shall not commit or indulge in commission of any offence in future.

                  v. The Petitioner Nos.2 to 8/Accused Nos.2 to 7 & 12 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.

                  vi. The Petitioner Nos.2 to 8/Accused Nos.2 to 7 & 12 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.

10. In the result, the Criminal Petition is partly allowed.

 
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