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 Cr.No.402 of 2025 of Vedayapalem Police Station, SPSR Nellore District, registered for the offences under Sections 109(1), 118(1) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS Act’).

2. Sri P. Mallikharjuna Rao, the learned counsel for the petitioners, submits that the petitioners are innocent. They have not committed any offence. They have been falsely implicated in this case. They have got fixed abode and they are law-abiding citizens. The petitioner/Accused No.1 has been suffering from mouth cancer. The petitioner/Accused No.2 is aged about 19 years. They are ready to abide by any conditions which this Court deems fit for enlarging them on bail, and it is urged to allow the petition.

3. Per contra, Ms. P. Akhila Naidu, the learned Assistant Public Prosecutor, and the learned legal aid counsel for respondent No.2 submit that the petitioners, with an intention to do away with the life of the de-facto complainant/victim, beat the victim with an iron rod and sticks and caused grievous injury. There are three eye-witnesses to the alleged occurrence. The investigation is at a progressive stage, and it is 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, there are allegations against the petitioners that the petitioner/Accused No.1 beat the victim with an iron rod on his head and caused a bleeding injury. The petitioners/Accused Nos.2 and 3 beat the victim with sticks. As a result, the victim fell unconscious. The de-facto complainant is the mother of the injured victim. As he was in an unconscious condition and admitted to the hospital, his mother lodged a report with the police.

6. There are no similar criminal adverse antecedents reported against the petitioners/Accused Nos.1 and 2. The petitioner/Accused No.1 has been suffering from mouth cancer; he is aged about 34 years. Medical records reveal that he underwent cycle-4 chemotherapy along with radiation in a private hospital. However, his condition is stated to be stable. The petitioner/Accused No.2 is at the impressionable age of 19 years.

7. The injured suffered a grievous injury on his skull. There are three eye-witnesses, namely L.Ws.4, 6, and 7. The learned Assistant Public Prosecutor submits that there is one similar adverse antecedent reported against the petitioner/Accused No.3.

8. In view of the facts and circumstances of the case, gravity and nature of allegations, health condition of the petitioner/Accused No.1 and the impressionable age of the petitioner/Accused No.2, and considering that they have been in judicial custody for the past 58 days, this Court is inclined to grant bail to the petitioners/Accused Nos.1 and 2 with the following conditions:

               i. The petitioners/Accused Nos.1 and 2 shall be enlarged on bail subject to them executing bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties each for the like sum each to the satisfaction of the learned V Additional Judicial Magistrate of First Class, Nellore.

               ii. The petitioners/Accused Nos.1 and 2 shall appear before the Station House Officer, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet.

               iii. The petitioners/Accused Nos.1 and 2 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.1 and 2 shall not commit or indulge in commission of any offence in future.

               v. The petitioners/Accused Nos.1 and 2 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.1 and 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/her from disclosing such facts to the Court.

9. Considering the pendency of the investigation, the fact that some more material witnesses are yet to be examined, and the nature and gravity of the allegations against the petitioner/Accused No.3, this Court is not inclined to enlarge petitioner/Accused No.3 on bail at this juncture.

10. In the result, the Criminal Petition is partly allowed, dismissing the petition insofar as petitioner/Accused No.3 is concerned, and allowing the petition in favour of the petitioners/Accused Nos.1 and 2.