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CDJ 2026 APHC 101 print Preview print print
Court : High Court of Andhra Pradesh
Case No : Criminal Petition No. 13596 of 2025
Judges: THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Parties : Machanuru Gangi Reddy Versus The State Of Andhra Pradesh, Rep.By Its Public Prosecutorhigh Court Of A.P. At Amaravati & Another
Appearing Advocates : For the Petitioner: D. Kodandarami Reddy, Advocate. For the Respondents: Public Prosecutor.
Date of Judgment : 27-01-2026
Head Note :-
Criminal Procedure Code - Section 437/438/439/482 -
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 Courtmay be pleased to release the petitioner/A-2 on bail pending enquiry and trial in Crime No.23/2025 of Pendlimarri Police Station, YSR Kadapa District, Andhra Pradesh and pass)

1. The instant petition 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.’), has been filed by the Petitioner/Accused No. 2, seeking regular bail in 23/2025 of Pendlimarri Police Station, YSR Kadapa District, registered for the offences punishable under Sections 103(1), 61(2) and 238 r/w 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’).

2. Heard Sri D.Kodandarami Reddy, learned counsel for the Petitioner and Mrs. K.Priyanka Lakshmi, learned Assistant Public Prosecutor, representing the State.

3. The case of the prosecution, in brief, is that initially, the defacto complainant gave a complaint stating that the deceased who is her husband was found motionless at threshing floor of the complainant and immediately they rushed the deceased to hospital where, the deceased was declared dead. Basing on the said report, Crime No.23 of 2025 was registered under Section 194 of BNSS. On 13.10.2025 at about 8.00 AM, the Village Revenue Officer in charge of Machanuru Village gave a complaint to the SI of Police, Pendlimarri Police against the accused stating that they have approached him and confessed that they killed the deceased by mixing cyanide poison in his alcohol. The deceased was known for misbehaving towards women. The deceased misbehaved with the wife of A1. Therefore A-1 sought help of A-2 and conspired to kill the deceased by poisoning. Based on the said report, the section of law was altered to 103(1), 61(2) and 238 r/w 3(5) of Bharatiya Nyaya Sanhita, 2023.

4. Learned counsel for the petitioner would submit that the earlier bail application moved by the petitioner before this Court in Crl.P.No.11645 of 2025 was dismissed on 12.12.2025 on the ground that investigation is at crucial stage, some more witnesses are required to be examined. Learned counsel for the petitioner would further submit that by this time, the investigation is completed. Charge sheet is also filed in this matter. Learned Trial Judge has granted bail to the accused No.1, who is the prime accused in this matter.

5. Learned Assistant Public Prosecutor would submit that Accused No.1 was released on regular bail by the learned Special Judge. She would further submit that the Court may pass appropriate Orders.

6. Considering the submissions and a keen perusal of the material on record, since there is a change of circumstances from the date of earlier bail application i.e., now the investigation is completed and charge sheet is also filed in this matter and A-1 was already released on bail by the Trial Court, the question of tampering with the evidence, does not arise. Hence, this Court is inclined to enlarge the Petitioner on bail.

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

                  i) The petitioner/Accused No.2 shall be released on bail on his 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 II Additional Judicial Magistrate of First Class, Kadapa.

                  ii) On release, the petitioner/Accused No.2 shall appear before the Station House Officer, concerned, once in a week i.e., on every Saturday between at 10.30 a.m. and 05.00 p.m., till Court has taken cognizance.

                  iii) The petitioner/Accused No.2 shall deposit his pass port before the concerned Court and shall not leave the country without prior permission of the Court.

                  iv) The petitioner/Accused No.2 shall not directly or indirectly make any statements relating to this case in the social media or any other social network platform.

                  v) The petitioner/Accused No.2 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 from disclosing such facts to the Court or to the investigating police officer.
 
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