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CDJ 2026 APHC 079
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| Court : High Court of Andhra Pradesh |
| Case No : Criminal Petition No. 277 of 2026 |
| Judges: THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA |
| Parties : Amavasya Nageswara Rao & Another Versus The State Of Andhra Pradesh, Rep. by its Public Prosecutor High Court of Andhra Pradesh. |
| Appearing Advocates : For the Petitioners: Ramalakshmana Reddy Sanepalli, Advocate. For the Respondent: Public Prosecutor. |
| Date of Judgment : 22-01-2026 |
| Head Note :- |
| Criminal Procedure Code - Section 437/438/439/482 - |
| Summary :- |
1. Statutes / Acts / Rules / Orders / Regulations Mentioned:
- Section 437/438/439/482 of Cr.P.C
- Section 528 of BNSS
- Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2024 (BNSS)
- Sections 437 and 439 of Code of Criminal Procedure
- Sections 109 (1) r/w 3(5) of BNS
2. Catch Words:
- bail
- regular bail
- judicial custody
- surety
- investigation
- wound certificate
- simple injuries
3. Summary:
The petitioners, accused Nos. 1 and 2, sought regular bail under Sections 437, 438, 439, 482 of the Cr.P.C. and Section 528 of the BNSS for offences under Section 109(1) r/w 3(5) of BNS. The prosecution presented a complaint of harassment and assault by the accused, supported by a wound certificate indicating simple injuries. The defence argued lack of intent and readiness to furnish sureties. The court noted that 11 witnesses had been examined, the investigation was ongoing, and the accused had been in judicial custody since 04‑12‑2025. Considering the nature of injuries and the stage of investigation, the court granted regular bail with stringent conditions, including bond, weekly police reporting, travel restrictions, and cooperation with investigation.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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(Prayer: Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to enlarge the Petitioners/Accused No. 1 and 2 by granting regular bail in Crime No. 141/2025 on the file of Gurazala Town Police Station, Palnadu District and pass)
1. The instant petition under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2024 (for short ‘BNSS’) read with Sections 437 and 439 of Code of Criminal Procedure (for short ‘Cr.P.C.’), has been filed by the Petitioners/Accused Nos.1 & 2, seeking regular bail in Crime No. 141/2025 on the file of Gurazala Town Police Station, Palnadu District, registered for the offences punishable under Sections 109 (1) r/w 3(5) of BNS.
2. Heard Sri Ramalakshmana Reddy Sanepalli, learned counsel for the Petitioners and Mrs. K.Priyanka Lakshmi, learned Assistant Public Prosecutor, representing the State.
3. The case of the prosecution, in brief, is that the de facto complainant submitted a report stating that she had been working as an Aaya in the Anganwadi Centre located in the ST Colony of the village for the past 30 years. For the last 20 years, Amavasya Krishnaveni, belonging to the same village and caste, has been working as the Anganwadi Teacher and has been continuously harassing the complainant. Due to her advanced age and inability to bear the said harassment, the complainant deputed her daughter to work as an Aaya in her place. The accused Krishnaveni allegedly subjected the complainant’s daughter also to similar harassment. On 29.11.2025 at about 11:00 A.M., while the complainant was proceeding from her house towards the Anganwadi Centre, the accused Krishnaveni called her on the way, enquired about her daughter, questioned her absence from duty, and abused the complainant in filthy language. Thereafter, on 01.12.2025 at about 08:30 A.M., while the complainant was going into the village to deliver milk, the accused Krishnaveni, along with other accused, allegedly waylaid her, verbally abused her, rushed towards her, and assaulted her. When the complainant’s son intervened to rescue her, he was also beaten.
4. Learned counsel for the petitioners would submit that the accused No. 1 herein is the husband of Accused No.3 and the Accused No.2 is the brother of the Accused No.1. There is dispute between the accused No.3 and the defacto complainant. Learned counsel for the petitioners would further submit that Accused No.3 and the defacto complainant are working as Anganwadi Workers for the last 20 years. The injuries suffered by the victim are simple in nature. There is no intention on the part of the accused, even from the contents of the complaint and the study of the injury is concerned, the application of Section 109 is not possible. Learned counsel for the petitioners would further submit that by this time, the investigation might have completed and wound certificate is also received. The petitioners are ready to furnish the sureties to the satisfaction of the Court. They have been in judicial custody since 04.12.2025 and finally prays to allow the petition by imposing any conditions.
5. Learned Assistant Public Prosecutor would submit that as per the wound certificate, the victims suffered simple injuries. The matter is pending for arrest of Accused No.3, the wife, who is absconding. So far as, the investigation is concerned, 11 witnesses were examined in this matter. Learned Assistant Public Prosecutor finally prays for dismissal of the petition.
6. Considering the facts and circumstances of the case and on perusal of the material on record, and the stage of investigation is concerned, 11 witnesses were examined so far. The wound certificate discloses that the injuries sustained by the victim are simple in nature. Further, the petitioners/Accused Nos.1 and 2 have been in judicial custody since 04.12.2025. In that view of the matter, this Court is inclined to grant regular bail to the petitioners/accused Nos.1 & 2 with the following stringent conditions:
i. The petitioners/accused Nos.1 & 2 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 Additional Civil Judge (Junior Division), Gurazala.
ii. The petitioners/accused Nos.1 & 2 shall appear before the Station House Officer concerned, once in a week i.e., on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet.
iii. The petitioners/accused Nos.1 & 2 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned.
iv. The petitioners/accused Nos.1 & 2 shall not commit or indulge in commission of any offence in future.
v. The petitioners/accused Nos.1 & 2, 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 or to any police officer.
vi. The petitioners/accused Nos.1 & 2 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.
7. Accordingly, the Criminal Petition is allowed.
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