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CDJ 2026 APHC 1886 print Preview print Next print
Court : High Court of Andhra Pradesh
Case No : Criminal Petition No. 8757 of 2026
Judges: THE HONOURABLE DR. JUSTICE Y. LAKSHMANA RAO
Parties : Muppasani Girish Kumar Versus The State of Andhra Pradesh, Rep. by its Public Prosecutor, Amaravati
Appearing Advocates : For the Petitioner: Sivaprasad Reddy Venati, Advocate. For the Respondent: Public Prosecutor.
Date of Judgment : 08-10-2026
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 318 (4), 336(3), 338, 340(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023

2. Catch Words:
- pre‑arrest bail
- investigation
- material witnesses
- abscond
- bail bond
- sureties
- conditions of bail
- surrender of passport

3. Summary:
The petitioner, accused No.2 in Crime No.57 of 2026, filed a criminal petition under Section 482 of the BNSS seeking pre‑arrest bail. He claimed innocence, sole breadwinner status, and pledged compliance with any conditions. The prosecution opposed bail, citing ongoing investigation and risk of absconding. The Court noted a prior similar case (Criminal Petition No.4701 of 2026) where bail was granted. Considering the facts and gravity of allegations, the Court deemed it appropriate to grant pre‑arrest bail with stringent conditions, including a bond, sureties, regular police reporting, non‑interference with witnesses, and surrender of passport.

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 petitioner/Accused No.2 for granting of pre-arrest bail in connection with Crime No.57 of 2026 of Vedayapalem Urban Police Station, Sri Potti Sriramulu Nellore District, registered for the alleged offences punishable under Sections 318 (4), 336(3), 338, 340(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’).

2. Mr.Sivaprasad Reddy Venati, the learned counsel for the petitioner, submits that the petitioner is the innocent of the alleged offence and 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. The petitioner undertakes 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.

3. Per contra, Mr.A.Sai Rohit, the learned Assistant Public Prosecutor, vehemently opposed the grant of pre-arrest 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 pre-arrest bail, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law. Hence, it is urged that the petition be dismissed.

4. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor.

5. As seen from the record, in similar set of facts and circumstances, this Court, in Criminal Petition No.4701 of 2026 and batch, by order dated 04.08.2026, granted pre-arrest bail to the petitioner herein, who was arraigned as Accused No.2 in Crime No.58 of 2026, upon consideration of the allegations and the role attributed to him. In the instant case also, the petitioner is arraigned as Accused No.2 in Crime No.57 of 2026 and stands on a similar footing with the same allegations.

6. Having regard to the entire facts and circumstances of the case, the gravity and nature of the allegations levelled against the petitioner/Accused No.2, this Court deems it fit to grant pre-arrest bail to the petitioner/Accused No.2 with stringent conditions.

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

                  i. In the event of his arrest, the petitioner/Accused No.2 shall be enlarged on bail subject to his executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the like sum each to the satisfaction of the arresting police officials;

                  ii. The petitioner/Accused No.2 shall make himself available for investigation as and when required;

                  iii. The petitioner/Accused No.2 shall not cause any threat, inducement or promise to the prosecution witnesses

                  iv. The petitioner/Accused No.2 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 petitioner/Accused No.2 shall not leave the limits of the State of Andhra Pradesh without the express permission from the Station House Officer concerned.

                  vi. The petitioner/Accused No.2 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.2 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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