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CDJ 2026 APHC 1176 My Notes print Preview print print
Court : High Court of Andhra Pradesh
Case No : Criminal Petition Nos. 5271, 5332, 5347, 5356 of 2026
Judges: THE HONOURABLE DR. JUSTICE Y. LAKSHMANA RAO
Parties : Erukatia Mani Versus The State of Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra PradeshAt Amaravati
Appearing Advocates : For the Petitioner: D. Purnachandra Reddy, Advocate. For the Respondent: Public Prosecutor.
Date of Judgment : 10-07-2026
Head Note :-
BNSS - Section 194 -
Judgment :-

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 Petitioner/Accused on bail in Crime No.478 of 2025 of Tirchanur Urban Police Station, Tirupati District, registered against the Petitioner/Accused herein for the offences punishable under Section 194 of ‘the BNSS’.

2. Sri D.Purnachandra Reddy, the learned counsel for the petitioner, submits that the petitioner is innocent of the alleged offence and he has been falsely implicated by the police. It is further submitted that the petitioner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. He is a law-abiding citizen. The petitioner undertakes 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.Rohit, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioner is released on bail at this stage, there is a strong likelihood that he 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 petitioner and the learned Assistant Public Prosecutor. Perused the record.

5. As seen from the record, the petitioner is the husband of the deceased. The deceased resorted to the extreme step of committing suicide by hanging herself from a ceiling fan with a saree. Initially, the FIR was registered for the offence under Section 194 of ‘the BNSS’. Later, in the course of investigation, the FIR was altered by incorporating Sections 85 and 108 of ‘the BNS’. The investigation reveals that the petitioner is a vagabond and an abuser. There were financial problems in the family of the petitioner and the deceased, and it is alleged that, due to the conduct of the petitioner, the deceased ended her life. The petitioner was arrested on 23.04.2026. He has been in judicial custody for the past 78 days. So far, seven witnesses have been examined, all of whom are official witnesses. Therefore, the scope for the petitioner threatening the official witnesses, tampering with the evidence, or hampering the investigation may not arise. The post-mortem report has been received. No suicide note of the deceased was traced in the course of the investigation. The RFSL report has also been received. The petitioner is a permanent resident of Tirupati, District and he has got fixed abode. If the petitioner is enlarged on bail, subject to some stringent conditions, the interests of justice would be sub-served.

6. Having regard to the facts and circumstances of the case, the nature and gravity of the allegations levelled against the petitioner/Accused, this Court is inclined to enlarge the petitioner/Accused on bail subject to some stringent conditions.

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

               i. The Petitioner/Accused shall be enlarged on bail subject to his 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 V Additional Junior Civil Judge, Tirupati.

               ii. The Petitioner/Accused 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 Petitioner/Accused shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned.

               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.

               vii. The petitioner/Accused shall surrender his passport, if any, to the investigating officer. If he claims that he does not have passport, he shall submit an affidavit to that effect to the Investigating Officer.
 
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