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CDJ 2026 APHC 176
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| Case No : Criminal Petition No. 581 of 2026 |
| Judges: THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA |
| Parties : Singatha Uma Maheswara Reddy & others Versus The State Of Andhra Pradesh, through S.H.O, Dornipadu Police Station, Rep. by Public Prosecutor, High Court, Amaravati |
| Appearing Advocates : For the Petitioners: J. Janakirami Reddy, Advocate. For the Respondent: Public Prosecutor. |
| Date of Judgment : 06-02-2026 |
| Head Note :- |
The BNSS - Section 480 & Section 483 -
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Sections 480 and 483 of the BNSS
- Sections 316(2), 318(4) r/w 3(5) of BNS
- Section 5 of APPDFEA
- Sections 4 & 5 of PC & MCSBA Act
2. Catch Words:
bail, statutory bail, charge sheet, investigation, sureties, judicial custody, passport surrender, witness tampering, regular bail, statutory period
3. Summary:
The petition under Sections 480 and 483 of the BNSS seeks regular bail for Accused Nos. 2‑4 in a fraud case registered under Sections 316(2), 318(4) r/w 3(5) of BNS, Section 5 of APPDFEA and Sections 4 & 5 of PC & MCSBA Act. The accused were in judicial custody since 16‑Nov‑2025, exceeding the 60‑day statutory period for filing a charge sheet. The prosecution argued investigation was ongoing, while the defence highlighted the completed investigation and the accused’s permanent residence. The court noted the offence carries up to ten years’ imprisonment, the statutory period had lapsed, and there was no flight risk. Consequently, the court granted statutory bail with detailed conditions. All pending miscellaneous applications were closed.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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1. This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the Petitioners herein/Accused Nos.2 to 4, seeking regular bail, in Crime No.95 of 2025 of Dornipadu Police Station, Kurnool District, registered for the offences punishable under Sections 316(2), 318(4) r/w 3(5) of BNS and Section 5 of APPDFEA and Sections 4 & 5 of PC & MCSBA Act.
2. The case of the prosecution in brief, is that, about six months prior to the complaint, the A3 approached the defacto complainant and stated that the Accused Nos. 1, 2 & 4 started a new company in the name of Wealth and Health Solutions at Hyderabad and that if he deposits Rs.3,50,000/- in the said company, they will pay an amount of Rs.40,000/- per month per deposit and that believing the words of the accused, defacto complainant deposited Rs.7,00,000/- in the account of A1. Later, the defacto complainant received Rs.80,000/- per month for three months. Subsequently, he did not receive the monthly payment. When he enquired in to the matter, he found that the A1 has cheated a number of people with the assistance of A2 to A4 by promising that he would arrange jobs and monthly payments. Basing the said complaint, a case in Cr.No.95 of 2025 was registered under Sections 316(2), 318(4) r/w 3(5) of BNS and Section 5 of APPDFEA and Sections 4 & 5 of PC & MCSBA Act.
3. Heard Sri J.Janakirami Reddy, learned counsel for the petitioners/accused and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State.
4. Learned counsel for the petitioners would submit that the petitioners herein are Accused Nos. 2 to 4, who are the relatives of A1. He would further submit that all the relevant material have been seized by the investigating Officer. The petitioners herein are languishing in jail since 16.11.2025, which is for more than 60 days. The investigation is almost completed, except for filing of charge sheet. He would further submit that the statutory period for filing charge sheet is also completed. He would further submit that the petitioners are ready and willing to furnish sufficient sureties to the satisfaction of the learned Trial Court to secure their presence for the purpose of investigation in the event of petitioners are enlarged on bail. Learned counsel finally prays to allow the present petition.
5. Learned Assistant Public Prosecutor on behalf of the State vehemently opposed the petition and contended that the investigation is still in progress, some more witnesses are to be examined and charge sheet is not yet filed. There are about 1000 victims in the present crime. Learned Assistant Public Prosecutor finally prays for dismissal of the petition.
6. Considering the submissions made and on perusal of the material placed on record, as can be seen from the record, the petitioners were arrested on 16.11.2025 and remanded to judicial custody on 17.11.2025 and as rightly contended by the learned counsel for the petitioners, the offence under Section 5 of APPDFEA is punishable upto 10 years and the statutory period of 60 days is over but the police failed to file a report. The petitioners had permanent abode and there is no possibility of their fleeing away from justice, if the petitioners are enlarged on bail. Therefore, the petitioners are entitled for statutory bail at this stage.
7. In that view of the matter, this Criminal Petition is allowed and the Petitioners/ Accused Nos.2 to 4 are hereby enlarged on bail on the following conditions that;
i. The Petitioners/Accused Nos.2 to 4 shall execute a personal bond for a sum of Rs. 20,000/- (Rupees Twenty Thousand only) each with two sureties for a like sum each, to the satisfaction of the learned Principal District and Sessions Judge, Kurnool.
ii. The Petitioners/Accused Nos.2 to 4 shall surrender their passports, if any, before the Trial Court and shall not leave India without prior permission of the said Court.
iii. The Petitioners/Accused Nos.2 to 4 shall appear before the Investigating Officer as and when required and shall cooperate with further investigation, if any.
iv. The Petitioners/Accused Nos.2 to 4 shall not directly or indirectly tamper with evidence nor influence, intimidate, or induce any prosecution witness.
v. The Petitioners/Accused Nos.2 to 4 shall not contact any of the prosecution witnesses or co-accused, except during legal proceedings.
vi. The Petitioners/Accused Nos.2 to 4 shall not make or publish or disseminate any information, statement, or post whether in print, electronic or social media concerning the present crime till conclusion of the trial.
vii. The Petitioners/Accused Nos.2 to 4 shall furnish their active mobile number to the Investigating Officer and shall be available at all times and any change shall be intimated forthwith.
viii. The Petitioners/Accused Nos.2 to 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. until further orders.
8. In the event of violation of any of the above conditions, the prosecution shall be at liberty to seek cancellation of bail.
9. It is also made clear that the observations made in this order are only for the purpose of deciding the bail applications and they shall not be construed as opinion on the merits of the Crime.
As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed.
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