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CDJ 2026 APHC 1875 My Notes print Preview print print
Court : High Court of Andhra Pradesh
Case No : Criminal Petition No. 8403 of 2026
Judges: THE HONOURABLE DR. JUSTICE Y. LAKSHMANA RAO
Parties : Chirri Ashok Alias Ashok Kumar Versus The State of Andhra Pradesh, S.H.O. Koyyalagudem PS, Rep.by itsPublic Prosecutor, Amaravathi
Appearing Advocates : For the Petitioner: Kumar Marpu, Advocate. For the Respondent: Public Prosecutor.
Date of Judgment : 07-10-2026
Head Note :-
Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 480 & 483 -
Judgment :-

1. 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.3 & 4 on bail in Crime No.98 of 2026 of Koyyalagudem Police Station, Eluru District, registered for the alleged offences punishable under Sections 140(2), 127(2), 118(2) and 351(3) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity, ‘the BNS’).

2. Mr. Kumar Marpu, the learned counsel for the Petitioners, submits that the Petitioners are innocent of the alleged offence and have been falsely implicated by the police. It is further submitted that the Petitioners are the sole earning members of their respective families and, therefore, their incarceration would cause undue hardship to their dependents. They are law-abiding citizens. The Petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. Hence, it is urged to allow the Criminal Petition.

3. Per contra, Mr.A.Sai Rohith, 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 and urged to dismiss the Petition.

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

5. As seen from the record, the Petitioners are arraigned as Accused Nos.3 and 4 in this case. This is the third bail application filed by the Petitioners. This Court, in Crl.P.No.6624 of 2024, vide order dated 19.08.2026, dismissed the first bail application filed by the Petitioners/Accused Nos.3 and 4 while enlarging Accused No.7 on regular bail. Later, in Crl.P.No.7637 of 2026, the learned counsel for the Petitioners sought permission to withdraw the second bail application. Permission was accorded and the said Criminal Petition was dismissed as withdrawn. The material part of the investigation has been completed. There is a change in circumstances from the date of dismissal of the earlier bail application till the date of filing of the present bail application. The Petitioners were taken into police custody, and their custodial interrogation has also been completed.

6. The Petitioners were arrested on 14.07.2026. They have been in the judicial custody for the past 85 days. The Petitioners are permanent residents of Eluru District. They have got fixed abode. If the Petitioners are enlarged on bail, subject to stringent conditions, there is no likelihood of their interfering with the investigation, threatening the witnesses, or tampering with the evidence.

7. Having regard to the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioners/Accused Nos.3 & 4, this Court is inclined to enlarge the Petitioners/Accused Nos.3 & 4 on bail with some stringent conditions.

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

                  i. The Petitioners/Accused Nos.3 & 4 shall be enlarged on bail subject to their executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the like sum each to the satisfaction of the learned Judicial First Class Magistrate (Junior Division), Jangareddigudem.

                  ii. The Petitioners/Accused Nos.3 & 4 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.3 & 4 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.3 & 4 shall not commit or indulge in commission of any offence in future.

                  v. The Petitioners/Accused Nos.3 & 4 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.3 & 4 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.3 & 4 shall surrender their passports, if any, to the Investigating Officer. If they claim that they do not possess passports, they shall submit affidavits to that effect before the Investigating Officer.
 
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