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CDJ 2026 APHC 1162 My Notes print Preview print print
Court : High Court of Andhra Pradesh
Case No : Criminal Petition No. 5249 of 2026
Judges: THE HONOURABLE DR. JUSTICE Y. LAKSHMANA RAO
Parties : Gadi Durgakoteswararao & Others Versus The State of Andhra Pradesh, Rep. by its Public Prosecutor High Court of A.P at Amaravati
Appearing Advocates : For the Petitioner: Marella Radha, Advocate. For the Respondent: Public Prosecutor.
Date of Judgment : 07-07-2026
Head Note :-
Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 480 & 483 -
Judgment :-

(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 Nos.1 to Son bail in connection with Crime No. 72 of 2026 dated 17.05.2026on the file of Kirlampudi Police Station KakinadaDistrictand pass)

1. The Criminal Petition has 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 3 on bail in Crime No.72 of 2026 of Kirlampudi Police Station, Kakinada District registered against the Petitioners/Accused Nos. 1 to 3 herein for the offences punishable under Sections 108, 85 read with 3(5) of Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’).

2. Smt. Marella Radha, the learned counsel for the Petitioners, submits that the Petitioners are innocent of the alleged offence and they have been falsely implicated by the police. It is further submitted that the Petitioners are the sole earning members of the family and, therefore, their incarceration would cause undue hardship to his dependents. The Petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, the learned counsel prays that the present petition be allowed in the interest of justice.

3. Per contra, Mr.K. Sandeep, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the Petitioners, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the Petitioners are released on bail at this stage, there is a strong likelihood that they may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing submissions, it is urged that the petition be dismissed.

4. Heard the learned counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the record.

5. As seen from the record, the marriage in between Petitioner No.1/ Accused No.1 and the deceased by name Smt. S. Venkatalakshmi was performed on 25.04.2026. Within short span of 20 days, the daughter of the defacto complainant and the wife of the Petitioner No.1/ Accused No.1 took extreme step of committing suicide on the ground that her husband was having an affair with a woman and he was talking with her. There is no suicide note written by the deceased. Petitioner No.2/ Accused No.2 is mother of Petitioner No.1 and mother in-law of the deceased. Petitioner No.3/ Accused No.3 is the brother of Petitioner No.2/ Accused No.2 and maternal uncle of Petitioner No.1/ Accused No.1. After thorough investigation, Charge Sheet was filed on 23.06.2026. There is no demand of dowry as alleged by the defacto complainant.

6. Having regard to the facts and circumstances of the case and gravity of the allegations levelled against the Petitioner No.1/Accused No.1, this Court is not inclined to enlarge the Petitioner No.1/ Accused No.1 on bail.

7. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the Petitioners/Accused Nos.2 and 3, this Court is inclined to enlarge the Petitioners/Accused Nos.2 and 3 on bail subject to some stringent conditions.

8. In the result, the Criminal Petition is partly allowed with the following stringent conditions:

               i. The Petitioners/Accused Nos.2 and 3 shall be enlarged on bail subject to their executing a bond for a sum of Rs.10,000/-(Rupees ten thousand only) with two sureties for the like sum each to the satisfaction of the learned Judicial Magistrate of I Class, Prathipadu, Kakinada District.

               ii. The Petitioners/Accused Nos.2 and 3 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet.

               iii. The Petitioners/Accused Nos.2 and 3 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.2 and 3 shall not commit or indulge in commission of any offence in future.

               v. The Petitioners/Accused Nos.2 and 3 shall co-operate 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.2 and 3 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.

               vii. The Petitioners/Accused Nos.2 and 3 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.
 
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