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CDJ 2026 APHC 358
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| Court : High Court of Andhra Pradesh |
| Case No : Criminal Petition No. 1681 of 2026 |
| Judges: THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA |
| Parties : Shaik Hussain @ Mohammad Hussain Versus The State Of Andhra Pradesh, Rep. by its Public High Court of Andhra Pradesh |
| Appearing Advocates : For the Petitioner: Ramalakshmana Reddy Sanepalli, Advocate. For the Respondent: Public Prosecutor. |
| Date of Judgment : 09-03-2026 |
| Head Note :- |
Criminal Procedure Code - Section 437/Section 438/Section 439/Section 482 -
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| Summary :- |
1. Statutes / Acts / Rules / Orders / Regulations, and Sections Mentioned:
- Section 437/438/439/482 of Cr.P.C
- 528 of BNSS
- Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2024 (for short ‘BNSS’)
- Sections 109(1), 118(1), 351 (2) BNS
- Section 75 J.J.A-2015
- Section 109 (1) of BNS
2. Catch Words:
- Bail
- Regular bail
- Judicial custody
- Surety
- Conditions of bail
- Investigation completed
3. Summary:
The petitioner, accused No. 1, filed a criminal petition under Sections 437‑482 of the Cr.P.C and Section 528 of the BNSS seeking regular bail for offences alleged under Sections 109(1), 118(1), 351(2) of the BNS and Section 75 of the J.J.A‑2015. The prosecution narrated an incident of assault and alleged attempt to kill a child, with six witnesses examined and no charge‑sheet filed yet. The defence argued the offences are bailable and there is no risk of tampering or absconding. The court noted that investigation is substantially complete, injuries were minor, and the petitioner has been in custody since 03‑01‑2026. Consequently, the court granted bail on a personal bond of Rs. 20,000 with two sureties and imposed several conditions, including regular appearances before the Junior Civil Judge and surrender of passport. Violation of conditions would permit cancellation of bail. The petition was allowed.
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 rounds of Criminal Petition, the High Courtpleased to enlarge the Petitioner/Accused No. 1 by granting regular bail in Crime No. 01/2026 on the file of Machavaram Police Station, Palnadu District)
1. The Criminal Petition under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2024 (for short ‘BNSS’) has been filed by the Petitioner/Accused No.1, seeking regular bail in Cr.No.01 of 2026 on the file of Machavaram Police Station, Palnadu District, registered for the alleged offences punishable under Sections 109(1), 118(1), 351 (2) BNS and Section 75 J.J.A-2015 .
2. Case of the prosecution, in brief, is that on eport on 02.01.2026 at 01.00 PM through hospital Intimation by complainant Shaik Mabuvali Sio Karampudi Bude, 30 yrs, C/Muslim, Turakapalem village, Machavaram Mandal stated that he work as a daily wage labourer and have one son, Shaik Khalid, aged 10 years, and one daughter, Shaik Pouja. On 01-01- 2026 at about 3:30 PM, while my son Khalid, my second elder brother's son Nazeer, and our relative¿s son Nizamuddin were playing on the road in front of our house, our neighbour the accused Shaik Hussain Sio Allavuddin, came there in a drunken state, abused the children with filthy language, and assaulted them with a belt. My son Khalid sustained swelling injury below the left knee, Nizamuddin suffered a skin injury near the left foot, and Nazeer was injured near the right elbow. When my son fell down, Shaik Hussain, with intention to kill, pressed my sons testicles forcefully with both hands, causing him severe pain and loud cries. On hearing this, neighbours Shaik Mabu Subhani and Shaik Allavuddin came there, upon which Shaik Hussain fled from the spot. The injured children were later taken to Gurazala Government Hospital for treatment.
3. Heard Sri Rama Lakashmana Reddy, learned counsel for the Petitioner and Mrs. K. Priyanka Lakshmi, learned Assistant Public Prosecutor, representing the State/Respondent.
4. Learned counsel for the Petitioner would submit that there are no ingredients attract the alleged offence under Section 109 (1) of BNS in this case and at the instance of political involvement the alleged Section under Section 109 (1) of BNS mentioned. The other offence are bailable in nature. Investigation is completed. L.W1 to 6 are examined, except filing of charge- sheet. The petitioner has been in judicial custody since 03.01.2026. There is no apprehension that would be the petitioner is abscond from the court or to tamper the prosecution witnesses if he is released on bail. The petitioner is permanent abode of Thurakapalem village and he is ready to comply with the conditions imposed by the Court. He would further submit that the investigation is completed and injured persons are discharged from the hospital on the very same day of the incident. He would further submit that the petitioner has not involved in any other cases and finally prays to enlarge the Petitioner/Accused on regular bail.
5. Learned Assistant Public Prosecutor, representing the State, submits with regard to the progress of investigation that, out of the total witnesses, six witnesses have been examined so far. She would further submit that the nature of the injuries are simple in nature. Charge-sheet was not yet filed. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate Orders.
6. Considering the submissions made on either side and upon perusal of the material on record, since crucial part of investigation has been completed, the question of tampering with evidence does not arise. Further, having regard to the period of detention already undergone by the petitioner, this Court is inclined to enlarge the petitioner/accused on bail, subject to the following conditions:
i. Petitioner/Accused shall be released on bail on his executing a personal bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the learned Junior Civil Judge, Piduguralla.
ii. The petitioner/Accused shall appear before the learned Junior Civil Judge, Piduguralla, twice in a week i.e., on Monday and Thursday at 10:30 am, till further orders.
iii. The petitioner/Accused shall not leave the limits of the State without prior permission from the learned Junior Civil Judge, Piduguralla.
iv. The petitioner/Accused shall not commit or indulge in commission of any offence in future.
v. The petitioner/Accused shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required.
vi. The petitioner/Accused 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 or to any police officer.
vii. The petitioner/Accused shall surrender his passport, if any, to the learned Junior Civil Judge, Piduguralla. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the learned Junior Civil Judge, Piduguralla.
7. In the event of violation of any of the above conditions, the prosecution shall be at liberty to seek cancellation of bail.
8. 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.
9. Accordingly, this Criminal Petition is allowed.
As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed.
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