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CDJ 2026 APHC 1805
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| Court : High Court of Andhra Pradesh |
| Case No : Criminal Petition No. 7548 of 2026 |
| Judges: THE HONOURABLE DR. JUSTICE Y. LAKSHMANA RAO |
| Parties : Golla Eranna Versus The State of Andhra Pradesh, Rep. By Its Public Prosecutor, Anantapur & Another |
| Appearing Advocates : For the Petitioner: Sreemannarayana Vattikuti, Advocate. For the Respondent: Public Prosecutor. |
| Date of Judgment : 16-09-2026 |
| Head Note :- |
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 -
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023
- Sections 79, 115(2), 118(1) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023
- Sections 329(3), 115(2), 118(1) and 351(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023
2. Catch Words:
pre‑arrest bail, investigation, specific overt acts, grievous injury, simple injury, conditions of bail, omnibus allegations
3. Summary:
The Court examined a criminal petition filed under Section 482 of the BNSS seeking pre‑arrest bail for four accused. The petitioners claimed innocence and alleged a fabricated complaint, while the prosecution highlighted ongoing investigation and risk of absconding. Specific overt acts were attributed to Accused Nos. 1‑3, leading the Court to deny pre‑arrest bail to them, citing precedent. Accused No. 4 faced only omnibus allegations, and the Court granted pre‑arrest bail subject to stringent conditions. The petition was therefore allowed only in respect of Accused No. 4.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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1. The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioner Nos.1 to 4/Accused Nos.1 to 4 for granting of pre-arrest bail in connection with Crime No.39 of 2026 of Settur Police Station, Anantapuramu District, registered for the alleged offences punishable under Sections 79, 115(2), 118(1) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’).
2. Heard the learned Counsel for the Petitioners and the learned Assistant Public Prosecutor.
3. Mr.Sreemannarayana Vattikuti, learned counsel for the Petitioners, submits that the Petitioners are innocent and have been falsely implicated. They are law-abiding citizens and sole breadwinners of their families. It is further submitted that about ten days prior to registration of FIR No.39 of 2026, Petitioner No.1/Accused No.1 lodged a complaint which was registered as Crime No.37 of 2026 dated 10.05.2026 for offences punishable under Sections 329(3), 115(2), 118(1) and 351(2) read with 3(5) of ‘the BNS’. As a counterblast, the de-facto complainant lodged the present case with a concocted story. He further submits that Accused Nos.1 and 2 suffered grievous injuries at the hands of the de-facto complainant and his followers. The Petitioners undertake to adhere to any conditions 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 pre-arrest bail, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the Petitioners are granted pre-arrest bail, there is a strong likelihood of absconding, hampering the investigation, and evading the process of law. It is further submitted that there are specific overt acts attributed against Petitioner Nos.1 to 3/Accused Nos.1 to 3, and the accusations are well-founded. Granting pre-arrest bail at this stage would result in violation of conditions and non-cooperation with the investigation. Hence, it is urged to dismiss the Criminal Petition.
5. On perusal of the record, Petitioner Nos.1 to 4/Accused Nos.1 to 4 are alleged to have committed offences punishable under Sections 79, 115(2), 118(1) read with 3(5) of ‘the BNS’. From the complaint lodged by the de-facto complainant/LW.1 and statements of other witnesses, specific overt acts are attributed against Petitioner Nos.1 to 3/Accused Nos.1 to 3. In particular, Accused No.1 is alleged to have caused grievous injury to LW.1, while Accused Nos.2 and 3 caused simple injuries to other witnesses.
6. Having regard to the gravity and nature of the allegations against the Petitioner Nos.1 to 3/Accused Nos.1 to 3, and in view of the specific overt acts attributed against them, this Court is not inclined to grant pre-arrest bail as it would amount to granting protection or shield to the person against whom specific allegations are leveled, as per the judgments of the Hon’ble Apex Court in Gurbaksh Singh Sibbia v. State of Punjab ((1980) 2 SCC 565) and Sushila Aggarwal v. State (NCT of Delhi) ((2020) 5 SCC 1). Hence, the request for grant of pre-arrest bail to the Petitioner Nos.1 to 3/Accused Nos.1 to 3 deserves to be dismissed.
7. Accordingly, the petition, insofar as it relates to Petitioner Nos.1 to 3/Accused Nos.1 to 3, is dismissed.
8. Insofar as the allegations against Petitioner No.4/Accused No.4 are omnibus in nature, this Court is inclined to grant pre-arrest bail to Petitioner No.4/Accused No.4.
9. In the result, the Criminal Petition is allowed so far as Petitioner No.4/Accused No.4 is concerned with the following conditions:
i. In the event of the arrest, the Petitioner No.4/Accused No.4 shall be enlarged on bail subject to her executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), each with two sureties for the like sum each to the satisfaction of the arresting police officials.
ii. The Petitioner No.4/Accused No.4 shall make herself available for investigation as and when required;
iii. The Petitioner No.4/Accused No.4 shall not cause any threat, inducement or promise to the prosecution witnesses.
iv. The Petitioner No.4/Accused No.4 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 No.4/Accused No.4 shall not leave the limits of the State of Andhra Pradesh without the express permission from the Station House Officer concerned.
vi. The Petitioner No.4/Accused No.4 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, Criminal Petition is partly allowed.
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