logo

This Product is Licensed to ,

Change Font Style & Size  Show / Hide

24

  •            

 
CDJ 2026 APHC 099 print Preview print Next print
Court : High Court of Andhra Pradesh
Case No : Criminal Petition No. 329 & 333 Of 2026
Judges: THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Parties : G. Yaswanth & Another Versus The State Of Andhra Pradesh, S.H.O Of Vadamalapeta Ps, Tirupati District Represented By Public Prosecutor, High Court Of A.P.
Appearing Advocates : For the Petitioners: Nuthalapati Krishna Murthy, Racherla Srikanth, Advocates. For the Respondent: Public Prosecutor.
Date of Judgment : 20-01-2026
Head Note :-
Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 480 and 483 -
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
- Section 109(1) read with 3(5) of Bharatiya Nyaya Sanhita, 2023 (BNS)

2. Catch Words:
- Bail
- Anticipatory bail
- Pre‑arrest bail
- Bond
- Sureties
- Investigation
- Witness tampering
- Absconding

3. Summary:
- Two criminal petitions filed under BNSS §§ 480, 483 sought enlargement of bail for accused Nos. 1‑5 in a case under BNS § 109(1) read with § 3(5).
- The prosecution alleged a coordinated assault on 18‑11‑2025, resulting in injuries to the victim.
- Defence argued false implication, hardship to dependents, and lack of flight risk, requesting pre‑arrest bail.
- Prosecution opposed bail, citing ongoing investigation, risk of witness intimidation, and possible absconding.
- The Court examined the record, noting the seriousness of the charge but also the duration of custody since 27‑11‑2025.
- The Court granted bail with stringent conditions including bond, sureties, regular police reporting, travel restrictions, non‑offence undertaking, cooperation with investigation, and surrender of passports.

4. Conclusion:
Petition Allowed
Judgment :-

Common Order:

1. These two Criminal Petitions are heard and disposed of by this common order, as the Criminal Case registered against the Petitioners is one and same.

2. The Criminal Petitions have been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioners/Accused Nos.1 to 5 respectively on bail in Crime No. 154 of 2025 of Vadamalapeta Police Station, Tirupati District, registered against the Petitioners/Accused Nos.1 to 5 herein for the offence punishable under Section 109(1) read with 3(5) of Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’).

3. The case of the prosecution is that on 19.11.2025 at about 7.00 p.m and the Police went to the Hospital and found one Mr. Dinesh Kumar, aged 21 years with multiple injuries and recorded his statement. The defacto complainant alleged that on 18.11.2025 at about 7.15 p.m at Jagananna Colony, Kalluru Village, Vadamalapeta Mandal, all the Accused with a common intention tried to kill him with pre plan and Accused No. sitting along with friends. Meanwhile, Accused No.4 informed the location of defacto complainant to Accused No.1. Accused No.1 secured Accused Nos.2 and 3 and reached the scene of offence attacked the defacto complainant with knife on his right foot and caused bleeding injuries to his right side ribs. Basing on the report, the above case was registered.

4. Heard Mr. Nuthalapati Krishna Murthy and Racherla Srikanth, learned counsel for the Petitioners and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor for the Respondent/ State.

5. Learned counsel for the Petitioners submits that the Petitioners have been falsely implicated in the present case and have not committed any offence as alleged. The Petitioners are the sole earning members of their family, and arrest would cause irreparable hardship to dependents. The Petitioners are willing to abide by any condition that this Court may deem fit and proper for the grant of anticipatory bail.

6. It is further submitted that there is no recovery attributable to the Petitioners and custodial interrogation is not warranted in the facts and circumstances of the case. The Petitioners have cooperated with the investigation and there is no likelihood of them absconding or tampering with the prosecution evidence. Therefore, it is prayed that this Court may be pleased to grant pre-arrest bail to the Petitioners/Accused in the interest of justice.

7. Per contra, learned Assistant Public Prosecutor strenuously opposed the grant of bail, contending that the investigation is still underway and several material witnesses yet to be examined. It is submitted that enlargement of the Petitioners on bail at this stage would seriously hamper the progress of the investigation and may result in non-cooperation from the Petitioners. The prosecution further apprehends that the Petitioners, 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 Petitioners absconding and evading the due process of law. Given the gravity of the allegations and the potential threat to the progress of the investigation, it is submitted that the Petitioners do not deserve the discretionary relief of bailand it is urged to dismiss the bail petition.

8. Thoughtful consideration is bestowed on the arguments advanced by the learned Counsel for both sides. I have perused the entire record.

9. Learned counsel for the Petitioners would contend that the Petitioners are Accused No.1 to 5 in the above crime. They have been in judicial custody since 27.11.2025. It is further contended that there is ingredients attracted against the Petitioners under Section 109(1) of BNSS. The alleged injury suffered by the victim is simple in nature and the victim also discharged from the hospital.

10. Considering the nature and gravity of allegation levelled against the Petitioners/ Accused Nos.1 to 5, their alleged role played in this case, and the period of detention undergone by the Petitioners/ Accused Nos. 1 to 5, this Court is inclined to enlarge the Petitioners/ Accused Nos. 1 to 5 with the following stringent conditions:

                  i. The Petitioners/Accused Nos.1 to 5 shall be enlarged on bail subject to their executing a bond for a sum of Rs.20,000/- (Rupees twenty thousand only), with two sureties for the like sum each to the satisfaction of the learned Civil Judge (Junior Division)-cum Judicial Magistrate of First Class, Puttur.

                  ii. The Petitioners/Accused Nos.1 to 5 shall appear before the Station House Officer, Vadamalapeta Police Station, Tirupati District, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court.

                  iii. The Petitioners/Accused Nos.1 to 5 shall not leave the limits of the District without prior permission from the Station House Officer concerned.

                  iv. The Petitioners/Accused Nos.1 to 5 shall not commit or indulge in commission of any offence in future.

                  v. The Petitioners/Accused Nos.1 to 5 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.

                  vi. The Petitioners/Accused Nos.1 to 5 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 Petitioners/Accused Nos.1 to 5 shall surrender their passports, if any, to the investigating officer. If they claim that they do not have passports, they shall submit an affidavit to that effect to the Investigating Officer.

11. Accordingly, the Criminal Petitions are allowed.

 
  CDJLawJournal