(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 petitioner/Accused No.1 on bail in Cr.No.16/2025 of Kandaleru Police Station, SPSR Nellore District and pas

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 petitioner/Accused No.7 on bail in Cr.No.16/2025 of Kandaleru Police Station, SPSR Nellore District and pass

Common Order:

1. The instant petitions under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2024 (for short ‘BNSS’) read with Sections 437 and 439 of Code of Criminal Procedure (for short ‘Cr.P.C.’), have been filed by the Petitioners/Accused Nos.1 & 7, seeking regular bail in Cr.No.16 of 2025 on the file of Kandaleru Police Station, SPSR Nellore District, registered for the offences punishable under Sections 103(2), 140(1), 61(2), 238, 49 of BNS and Section 67 (a) of IT Act, 2000-2008.

2. Since the subject matter of these petitions is one and the same, at the request of the learned counsel on both sides, these matters are heard together and passed the following Common Order.

3. The case of the prosecution, in brief, is that it is a case of murder. The de facto complainant lodged a report on 17.05.2025, stating that on 16.05.2025 at about 05:00 A.M., his father left home for their shop. At about 10:30 P.M. on the same day, the deceased telephoned the complainant’s mother and informed her that he would be returning home for meals. However, he did not return thereafter. The complainant and other family members searched for the deceased throughout the night, but his whereabouts could not be traced. On 17.05.2025 at about 08:30 A.M., while continuing the search, they found the dead body of the deceased lying on the left side of the road near the culvert within the limits of Bativally village, bearing multiple injuries and cut marks. Based on the said report, a crime was initially registered for the offence under Section 103(1) of the Bharatiya Nyaya Sanhita (BNS). Subsequently, after conducting investigation, the police altered the sections of law to Sections 103(2), 140(1), 61(2), 238, 49 of BNS and Section 67 (a) of IT Act, 2000-2008.

3. Heard Sri C. Subodh, learned counsel for the Petitioner, Smt. Santhi Sree Vallabhaneni, learned Legal Aid counsel for the respondent No.2 in Crl.P.No.12678 of 2025 and Mrs. K. Priyanka Lakshmi, learned Assistant Public Prosecutor, representing the State/Respondent.

4. Learned counsel for the petitioners would submit that the petitioners herein is the accused Nos.1 & 7, they have been in judicial custody since 24.05.2025. Learned counsel for the petitioners would submit that no criminal antecedents are pending against the petitioners. He would further submit that the accused Nos. 3 & 6 are released on bail in this matter. Learned counsel for the petitioners would further submit that it is alleged against the petitioner/accused No.1 that he in conspiracy with the other accused committed murder of the father of the defacto complainant, because of his love affair with the daughter of the deceased.

5. Learned Assistant Public Prosecutor representing the State would submit that the petitions filed by the accused Nos.1 and 7 in Crl.P.Nos.10578 and 11050 of 2025 respectively, which were dismissed by the learned Single Judge of this Court dated 03.11.2025 and there are no change of circumstances from the date of dismissal of earlier applications. Still F.S.L. report is not received in this matter. Charge sheet is filed in this matter and the same is at PRC stage vide PRC.No.22 of 2025. Learned Assistant Public Prosecutor vehemently opposed the petitions and sought for dismissal of the petitions.

6. Learned Legal Aid Counsel for the respondent No.2 would submit that the engagement of the daughter of the deceased was held, just two (2) days prior to the present crime. Learned counsel for the respondent No.2 would further submit that in case of release of the petitioners, there is every threat to the life of the daughter of the deceased in this matter.

7. Considering the submissions made and on perusal of the material on record, in the light of the change of circumstances from the date of the earlier Orders i.e., now the Court has taken cognizance and numbered it as PRC No.22 of 2025. Be that as it may, the petitioners have been in judicial custody since 24.05.2025 and the trial may take considerable period of time for disposal of the matter. In that view of the matter, this Court is inclined to release the petitioners/accused Nos. 1 & 7 on the following conditions;

                  i. The Petitioners/Accused Nos. 1 & 7 shall be released on bail on them executing a personal bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the learned Additional Judicial Magistrate of First Class, Gudur.

                  ii. On release, the Petitioners/Accused Nos. 1 & 7 shall appear before the Station House Officer, concerned, once in every two days i.e., Monday, Wednesday, Friday, Sunday of every week, between 10.00 a.m. and 05.00 p.m., till the disposal of the case.

                  iii. The Petitioners/Accused Nos. 1 & 7 are directed not to hamper the investigation, tamper with the prosecution witnesses and meet/contact the daughter of the deceased, either physically or over phone or any other means.

                  iv. It is made clear that the Petitioners/Accused Nos. 1 & 7 shall scrupulously comply with the above conditions and breach of any of the above conditions will be viewed seriously and prosecution is at liberty to move an application for cancellation of the bail.

8. In the result, these Criminal Petitions are allowed.

                  As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.