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CDJ 2026 APHC 029 print Preview print Next print
Court : High Court of Andhra Pradesh
Case No : Criminal Petition No. 12066 of 2025
Judges: THE HONOURABLE DR. JUSTICE Y. LAKSHMANA RAO
Parties : Gunji Suresh Babu Versus The State Of Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra Pradesh, Velagapudi, Amaravati, Andhra Pradesh.
Appearing Advocates : For the Petitioner: D. Taraka Prasad, Advocate. For the Respondent: Public Prosecutor.
Date of Judgment : 05-01-2026
Head Note :-
Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 480 & 483 -
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023
- Section 318(4) of the Bharatiya Nyaya Sanhita, 2023
- Section 316(2) of the Bharatiya Nyaya Sanhita, 2023
- Section 316(5) of the Bharatiya Nyaya Sanhita, 2023
- Section 61(2) of the Bharatiya Nyaya Sanhita, 2023
- Section 5 of the Andhra Pradesh Protection of Depositors of Financial Establishment Act, 1999

2. Catch Words:
- Bail
- Custodial interrogation
- Investigation
- Witness tampering
- Absconding
- Serious offence
- Agent
- Conspiracy

3. Summary:
The petition under Sections 480 and 483 of the BNSS seeks bail for Accused No.6 in a case involving alleged fraud amounting to Rs.3.14 crore. The petitioner argues innocence, lack of flight risk, and hardship if detained, offering to comply with conditions. The prosecution contends that the investigation is at a crucial stage, with many witnesses yet to be examined, and warns that bail could jeopardize evidence and enable intimidation. The court notes that other accused remain in custody, the petitioner surrendered voluntarily, and the investigation has already examined 1,357 witnesses. Considering the gravity of the allegations, the pivotal role attributed to the petitioner, and the pending investigation, the court finds the bail request unconvincing. Consequently, the bail petition is rejected.

4. Conclusion:
Petition Dismissed
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/Accused No.6 on bail in Crime No.248 of 2025 of Machavaram Police Station, NTR Commissionerate, registered against the Petitioner/Accused No.6 herein for the offences punishable under Section 318(4), 316(2), 316(5) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’) and Section 5 of the Andhra Pradesh Protection of Depositors of Financial Establishment Act, 1999.

2. Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record.

3. Sri D.Taraka Prasad, learned Counsel for the Petitioner submits that the Petitioner is innocent and has been falsely implicated in the alleged offence, without any cogent evidence linking to the commission of the crime. It is contended that the Petitioner is the sole breadwinner of his family and his arrest would cause undue hardship and prejudice to the dependents of the Petitioner. The Petitioner undertakes to abide by any condition that this Court may impose while granting bail to the Petitioner.

4. It is further submitted that the Petitioner has a permanent place of residence and there is no likelihood of him absconding or evading the process of law. The Petitioner has cooperated with the investigation thus far and assures continued cooperation in future proceedings. It is also urged that the allegations are of a nature that do not warrant custodial interrogation, and if any condition is imposed while granting the bail, Petitioner would not violate it; and it is urged to allow the petition.

5. Per contra, Mrs. P.Akhila Naidu, learned Assistant Public Prosecutor strenuously opposed the grant of bail, contending that the investigation is still underway and several material witnesses are yet to be examined. It is submitted that enlargement of the Petitioner on bail at this stage would seriously hamper the progress of the investigation and may result in non- cooperation from the Petitioner. The prosecution further apprehends that the Petitioner, if released, may influence or intimidate witnesses, thereby obstructing the course of justice. It is also urged that there exists a real and imminent risk of the Petitioner absconding and evading the due process of law. Given the gravity of the allegations and the potential threat to the integrity of the investigation, it is submitted that the Petitioner does not deserve the discretionary relief of bail and it is urged to dismiss the bail petition.

6. As seen from the record, Accused Nos.1 and 2 are still in judicial custody. The allegation against the Petitioner/Accused No.6 is that he acted as agent for Advika Trading Company and collected nearly Rs.3,14,99,000/- and failed to repay the amounts to the persons concerned. The Petitioner surrendered himself on 14.11.2025 and has been in the judicial custody for the past 52 days. There are altogether 1,357 witnesses examined. Investigation is still at crucial stage. Petition for custodial interrogation filed by the police was dismissed by the learned Jurisdictional Magistrate. The Petitioner played a pivotal role in joining several gullible public and deceived them with crores of rupees.

7. The prosecution alleges that the Petitioner is the main conspirator, if he is enlarged on bail, at this juncture, it would definitely hamper further progress of the investigation. Although Accused Nos.3 and 4 also acted as agents, the allegations against the Petitioner indicate a more serious and significant involvement in the commission of the offence compared to the other agents.

8. Considering the facts and circumstances of the case, the seriousness and nature of the allegations against the Petitioner/Accused No.6, and in view of the pendency of the investigation, the request for bail is not found convincing and reasonable.

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

 
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