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CDJ 2026 APHC 456
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| Court : High Court of Andhra Pradesh |
| Case No : Criminal Petition No. 1891 of 2026 |
| Judges: THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA |
| Parties : Nagavamsam Vasudeva & Others Versus The State Of Andhra Pradesh, Through S.H.O. Tiruchanur PS, Rep. by Public Prosecutor, High Court of AP at Amaravathi |
| Appearing Advocates : For the Petitioners: VMR Legal. For the Respondent: Public Prosecutor. |
| Date of Judgment : 23-03-2026 |
| Head Note :- |
Criminal Procedure Code - Sections 437/438/439/482 -
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Section 437 of Cr.P.C
- Section 438 of Cr.P.C
- Section 439 of Cr.P.C
- Section 482 of Cr.P.C
- Section 528 of BNSS
- Bharatiya Nyaya Sanhita, 2023
- Section 140(1) of Bharatiya Nyaya Sanhita, 2023
- Section 109(1) of Bharatiya Nyaya Sanhita, 2023
- Section 191(2) of Bharatiya Nyaya Sanhita, 2023
- Section 115(2) of Bharatiya Nyaya Sanhita, 2023
- Section 126(2) of Bharatiya Nyaya Sanhita, 2023
- Section 351(2) read with 190 of Bharatiya Nyaya Sanhita, 2023
- Section 61(2) of Bharatiya Nyaya Sanhita, 2023
- Section 480 of Bharatiya Nagarik Suraksha Sanhita, 2023
- Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023
2. Catch Words:
- Bail
- Criminal Petition
- Investigation
- Injuries
- Witness statements
- Conditions of release
3. Summary:
The High Court considered multiple criminal petitions filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking bail for accused persons in Crime No. 23 of 2026. The offences alleged include sections of the Bharatiya Nyaya Sanhita, 2023 such as 140(1), 109(1), 191(2), 115(2), 126(2), 351(2) r/w 190, and 61(2). The prosecution argued the accused were directly involved and injuries were sustained, while the defence contended lack of intent, completed investigation, and no risk of tampering. The court noted that key investigative steps—witness identification, injury certification, and seizure of material—were completed, and the accused had been in custody for about 50 days. No evidence of interference with the investigation was found. Consequently, the court granted bail with stringent conditions, including personal bond, sureties, regular reporting to the investigating officer, passport surrender, and non‑departure from the state.
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 CourtPrayed before this Hon'ble Court to enlarge the petitioner/Accused No. 17 in connection with PIR No.23/2026 on the file of Tiruchanur PS, Tirupathi District charged under Sections 140(1), 109(1), 191(2), 115(2), 126(2), 351 (2) r/w 190 of Bharatiya Nyaya Sanhita, 2023 and 61(2) of Bharatiya Nyaya Sanhita, 2023.
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 Courtpleased to enlarge the petitioner/ Accused No.l in connection with PIR No. 23 of 2026 on the file of Tiruchanur PS, Tirupathi District charged under Sections 140(1), 109(1), 191(2), 115(2), 126(2), 351 (2) r/w 190 of Bharatiya Nyaya Sarihita, 2023 and 61(2) of Bharatiya Nyaya Sanhita, 2023.
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 Courtto enlarge the petitioners/Accused No.4, 5, 12 to 17 in connection with FIR No.23/2026 on the file of Tiruchanur PS, Tirupathi District charged under Sections 140(1), 109(1), 191(2), 115(2), 126(2), 351 (2) r/w 190 of Bharatiya Nyaya Sanhika, 2023 and 61(2) of Bharatiya Nyaya Sanhita, 2023.
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 Courtmay be pleased to enlarge the petitioner on regular bail in Cr. No.23 of 2026 onthe file of P.S. Tiruchanur, and be pleased to pass such)
Common Order:
1. Since the issue involved and the petitioners herein are arrayed as Accused in Crime No.23 of 2026 of Tiruchanur Police Station Tirupathi, these Criminal Petitioners are being disposed of by this Common Order.
Criminal Petition No.1891 of 2026
2. This Criminal Petition is filed under Section 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( for short ‘BNSS, 2023’), by the Petitioner/A.17 to enlarge him on bail in connection with Crime No.23 of 2026 of Tiruchanur Police Station, Tirupathi District, which is registered for the offences punishable under Sections 191(2), 115(2), 140(1), 126(2), 351(2) read with 190, 61(2) of BNS, 2023.
Criminal Petition No.1894 of 2026
3. This Criminal Petition is filed under Section 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the Petitioner/A.1 to enlarge him on bail in connection with Crime No.23 of 2026 of Tiruchanur Police Station, Tirupathi District, which is registered for the offences punishable under Sections 191(2), 115(2), 140(1), 126(2), 351(2) read with 190, 61(2) of BNS, 2023.
Criminal Petition No.1911 of 2026
4. This Criminal Petition is filed under Section 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the Petitioners/A.4, A.5, A.12 to A.16 to enlarge them on bail in connection with Crime No.23 of 2026 of Tiruchanur Police Station, Tirupathi District, which is registered for the offences punishable under Sections 191(2), 115(2), 140(1), 126(2), 351(2) read with 190, 61(2) of BNS, 2023.
Criminal Petition No.2089 of 2026
5. This Criminal Petition is filed under Section 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the Petitioner/A.20 to enlarge him on bail in connection with Crime No.23 of 2026 of Tiruchanur Police Station, Tirupathi District, which is registered for the offences punishable under Sections 191(2), 115(2), 140(1), 126(2), 351(2) read with 190, 61(2) of BNS, 2023.
6. The case of the prosecution, as per the contents of the First Information Report, is that
i) On 03.02.2026 at about 11.30 a.m. at Vartha Cross, near Lemon Tree Hotel, Tiruchanur Village, Tirupati Rural Mandal, Tirupati District the complainant along with the student leaders Sheik Ali Akbar and Vinod Kumar and some other students were proceeding to the Collector Office to submit a complaint regarding the injustice at Mohan Babu University, in three Innova vehicles bearing Nos. AP 03 AW 9480, AP 03 AP 5999 and AP 03 CK 4447 nearly 20 unknown persons wrongfully restrained and assaulted them stating that they are the associates of A-1/Satish and kidnapped the said Akbar and Vinod Kumar in the said vehicle and fled away from the scene of offence.
ii) on the written complaint lodged by the de facto complainant, the above crime is registered against the Accused, wherein the Petitioners herein are arrayed as Accused. The Petitioners are working in different posts in Mohan Babu University.
iii) The present criminal petitions are filed by the Petitioners /Accused to enlarge them on bail in connection with the above crime.
7. Heard Sri K.S.Murthy, learned Senior Counsel assisted by Sri B.Venkatesh Reddy, learned counsel for the Petitioners on record and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for respondent State. Perused the material on record.
8. Learned Senior Counsel would submit that there are no ingredients of the offences lodged against the Petitioners and that there is no intention of killing the complainant and even nobody sustained injuries. Learned Senior Counsel would submit that the complainant is resorting to misuse of law and the present complaint is a counter blast to the earlier complaint given by the Petitioners herein against the complainant. Further, the allegations levelled against the Petitioners are wholly false and untenable. Learned Senior Counsel would submit that no prejudice would be caused to the investigation if the Petitioners are released on bail. Learned Senior Counsel would further submit that most of the investigation is completed, seized all the vehicles, mobile phones and secured relevant material under the cover of mediators’ report and that the custodial interrogation is completed and hence, there is no question of hamper of investigation. Further, the Petitioners are law abiding citizens and they are ready to fulfil the conditions to the satisfaction of the Court and finally prayed to enlarge the petitioners on bail.
9. On the other hand, learned Assistant Public Prosecutor on instructions would submit that the Petitioners are the followers of the management of the Mohan Babu University and they are influential persons. The Test Identification Parade is completed and that L.Ws.9 and 10 sustained simple injuries and the investigation is pending for recording the statements of the victims by the learned Magistrate. It is further submitted that prima facie enquiry revealed that the Petitioners are directly involved in the commission of the offence. Learned Assistant Public Prosecutor would submit that in case the Court deems to release the petitioners, stringent conditions may be imposed against them.
10. Considering the submissions and a fair look at the material on record, it is learnt that summons were issued to the Police to secure the presence of the witnesses/victim and matter is adjourned from time to time and the recording of statements will be completed by 24.03.2026.
11. The fact remains that the crucial part of the investigation i.e, examination of the witnesses/injured, identification of the accused and collection of wound certificate is completed. The petitioners are in judicial custody nearly about 50 days. As per the submissions of the learned Assistant Public Prosecutor, the investigation is pending for apprehension of other accused. As stated by the learned Magistrate, recording of the witnesses/victim will be completed by tomorrow i.e., 24.03.2026. There is no material placed before this Court to show any specific instance that the Petitioners have attempted to tamper with evidence or influence witnesses during the course of investigation. They cooperated with the investigation. Hence, this Court is of the view that the petitioners can be released on bail by imposing stringent conditions
12. Accordingly, these criminal petitions are allowed. The Petitioners are released on bail on the following conditions:
i) The Petitioners 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 concerned Court;
ii) The Petitioners shall appear before the Investigating Officer on every Sunday between 10:00 a.m. and 5:00 p.m. until further orders.
iii) The Petitioners shall cooperate with the investigation and furnish such information and records as may be lawfully required by the Investigating Officer;
iv) The Petitioners shall not leave the State or the Country without prior permission of the Investigating Officer;
v) The Petitioners shall surrender their passport before the concerned Magistrate and the same shall be retained till conclusion of the trial;
vi) The Petitioners shall not commit any offence similar to the one of which they are accused or suspected;
Pending applications, if any, shall stands closed.
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