(Prayer: Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High Court may be pleased to Memorandum of Grounds of Criminal Appeal aggrieved by the Order, dated 03.02.2026 made in Crl.M.RNo.24/2026 by the Court of the Special Judge for SC/ST (POA) Act-cum-VI Additional Sessions Judge, Kurnool whereunder the appellant herein prayed for grant of bail under Section 483 of BNSS for the offences punishable under Sections 351 (3), 318(2), 79 r/w 3(5) of BNS and Sections 3(1)(r), 3(1)(s), 3(2)(va) of the SC/ST (POA) Act, 1989 registered in FIR No.96/2025 on the file of the Allagadda Town Police Station, Nandyal District.

IA NO: 1 OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant interim bail to the appellants, pending disposal of the above Criminal Appeal against Crl.M.P. 24/2026 in FIR No.96/2025 dated 07.12.2025 (Crime No. 96/2025) on the file of Court of the Special Judge for SC/ST (POA) Act-cum-VI Additional Sessions Judge, Kurnool.)

1. Heard Sri Arun Kumar R, learned counsel for the appellants/A1 and A2, Sri P.Somayaji, learned Additional Public Prosecutor representing the State/R1 and Sri Vutupalli Rajanna, learned counsel for respondent No.2/defacto-complainant/victim.

2. No objections filed by the State or the defacto complainant, opposing the application.

3. The appeal is preferred under Section 14-A of the SCs & STs (PoA) Act, 1989 r/w Section 415 (2) of B.N.S.S., 2023 challenging the order dated 03.02.2026 passed in Crl.M.P.No.24 of 2026 on the file of Spl.Court for trial of cases under SC/ST (PoA) Act-cum-VI Addl.Sessions Judge, Kurnool, refusing to release the accused on bail.

4. The learned counsel for the appellants would further submit that the learned Special Court refused to release the appellants on bail, on the ground that there is a threat to the victim in the hands of the accused. But, the learned Special Court did not give any reasons how it come to such a conclusion. He would further submit that investigation was completed. Charge sheet is also filed. The accused are in judicial custody from 23.12.2025 and there is no requirement of the accused in further detention. Therefore, appellants may be released on bail, setting aside the order of the learned Special Court.

5. Learned Additional Public Prosecutor opposed the application. However, no objections filed. Learned Addl.Public Prosecutor would fairly submit that investigation completed and charge sheet was filed in the case.

6. Learned counsel for the complainant/victim opposed the application on the ground that accused are threatening the victim.

7. In the light of above rival contentions, the point that would arise for consideration in this Criminal Appeal is as under:

               “Whether there are grounds to interfere with the Special Court Order”?

8. POINT: The learned Special Court dismissed the application on 03.02.2026 filed by the appellants to enlarge them on bail. FIR was registered for the offence U/secs.351(3), 318(20) and 79 of BNS, 2023 and Sec.3(1)(r)(s) and 3(2)(va) of SC/ST (PoA0 Amendment Act, 2015. The offences are punishable with imprisonment upto 7 years only.

9. The admitted facts would disclose that investigation was completed. Charge sheet was laid. The Special Court dismissed the application on the ground that the appellants are threat to the society and they are threatening the victim. But, no material was referred by the Special Court or no reasons are assigned with reference to any offence. It appears that the Special Court on surmises did not consider the request of the accused to release them on bail, which is not sustainable in law or on facts.

10. Hence, this Court is of the considered opinion that it is a fit case to allow the appeal, by setting aside the order of the learned Special Court.

11. In the result, the Criminal Appeal is allowed. The order dated 03.02.2026 passed in Crl.M.P.No.24 of 2026 on the file of the learned Special Judge for Trial of Cases under SCs & STs (PoA) Act-cum-VI Additional Sessions Court, Kurnool, is set aside. The appellants/A1 & A2 shall be enlarged on bail, subject to the following conditions.

               i) The appellants/A1 & A2 shall be enlarged on bail, on executing a personal bond for Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two (02) sureties for a like sum each, to the satisfaction of the learned Special Judge for Trial of Cases under SCs & STs (PoA) Act-cum-VI Additional Sessions Court, Kurnool.

               ii) On such release, the appellants/A1 & A2 shall report before Station House Officer, Allagadda Police Station, on every alternative Saturday of the month i.e., 2nd and 4th Saturdays of the month till conclusion of the trial.

               iii) The appellants/A1 & A2 shall not leave the country without permission of the learned Special Court.

               iv) The appellants/A1 and A2 shall not intimidate or annoy or contact the victim or her family members in any manner.

               v) The appellants/A1 & A2 shall not involve in similar offence or in any other offence while on bail.

               vi) If the appellants/A1 & A2 violate any of the above conditions, the prosecution is at liberty to file an application before the concerned Special Court for cancellation of this order, on filing of such application, the concerned Special Court shall dispose of the same in accordance with law.

12. Accordingly, the Criminal Appeal is allowed.

As a sequel, interlocutory applications, if any, pending shall stand closed.