APHC010280062026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY,THE TWENTY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI CRIMINAL PETITION NO: Between: 1. SHAIK ALI, S/O MUNAL, AGED ABOUT 31 YEARS,R/O PEDDA BAVI STREET, N.P. KUNTA VILLAGE,N.P. KUNTA MANDAL, SRI SATHYA SAI DISTRICT. 515521 1. THE STATE OF ANDHRA PRADESH, ,Rep.by S.H.O. NP Kunta Police station.Through Public Prosecutor,High Court of Andhra Pradesh At Amaravati 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 Courtpleased to direct the Respondent Police to enlarge the Petitioner on bail in the event of his arrest in connection with Crime No. 42 of 2023, 59 of 2023, 60 of 2023 and 23 of 2024 of N.P Kunta Police Station and to pass Counsel for the Petitioner/accused: 1. R SUJAN KUMAR Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) DAY,THE TWENTY SECOND DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI CRIMINAL PETITION NO: 4438/2026 SHAIK ALI, S/O MUNAL, AGED ABOUT 31 YEARS,R/O PEDDA BAVI STREET, N.P. KUNTA VILLAGE,N.P. KUNTA MANDAL, SRI SATHYA SAI DISTRICT. 515521 ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, ,Rep.by S.H.O. NP Kunta Police station.Through Public Prosecutor,High Court of Andhra Pradesh At ...RESPONDENT/COMPLAINANT 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 tition, the High Courtpleased to direct the Respondent Police to enlarge the Petitioner on bail in the event of his arrest in connection with Crime No. 42 of 2023, 59 of 2023, 60 of 2023 and 23 of 2024 of N.P Kunta the Petitioner/accused: Counsel for the Respondent/complainant: PUBLIC PROSECUTOR The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH [3573] THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI SHAIK ALI, S/O MUNAL, AGED ABOUT 31 YEARS,R/O PEDDA BAVI STREET, N.P. KUNTA VILLAGE,N.P. KUNTA MANDAL, SRI SATHYA ...PETITIONER/ACCUSED THE STATE OF ANDHRA PRADESH, ,Rep.by S.H.O. NP Kunta Police station.Through Public Prosecutor,High Court of Andhra Pradesh At ...RESPONDENT/COMPLAINANT 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 tition, the High Courtpleased to direct the Respondent Police to enlarge the Petitioner on bail in the event of his arrest in connection with Crime No. 42 of 2023, 59 of 2023, 60 of 2023 and 23 of 2024 of N.P Kunta 2 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI CRIMINAL PETITION NO:4438 of 2026 ORDER: This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), has been filed on behalf of the petitioner herein/accused to grant anticipatory bail in connection with Crime Nso.42, 59 & 60 of 2023 and 23 of 2024 of N.P.Kunta Police Station, Sri Satya Sai District, registered for the offences punishable under Sections 454, 457 and 380 of I.P.C. 2. Case of the prosecution, in brief, is that the accused along with some other accused formed themselves into a gang and allegedly committed thefts by breaking open houses. Basing on the complaints lodged by the de facto complainants, and the mediators’ reports, the name of the present petitioner came to be implicated in the above crimes. Hence, the aforesaid crimes are registered against the petitioner herein. 3. Heard. Perused the record. 4. Learned counsel for the petitioner submits that the name of the petitioner is not mentioned as accused in the F.I.Rs and that he has been falsely implicated in the above crimes. He further submitted that without conducting any preliminary enquiry, the police registered the above crimes against the petitioner. Learned counsel further submits that other accused involved in the above crimes have already been released on bail by the trial 3 Court. The petitioner is having fixed abode and ready to abide by any conditions imposed by this Court. Hence, prayed to grant pre-arrest bail to the petitioner. 5. Per contra, learned Assistant Public Prosecutor submits that the co- accused confessed the involvement of the present petitioner in the above crimes. She further submits that investigation is still pending and the petitioner is a habitual offender. Hence, prayed to dismiss the criminal petition. 6. Having considered the submissions made by both sides and upon perusal of the material available on record, this Court finds that the investigation in the above crimes is still pending. The allegations against the petitioner are serious in nature and relate to offences of house-breaking and theft. The prosecution specifically contends that the petitioner is a habitual offender and that his involvement in the crimes came to light during the course of investigation based on the confession of the co-accused and the mediators’ reports. 7. Though the learned counsel for the petitioner contended that the petitioner’s name was not mentioned in the F.I.Rs. and that the co-accused have already been granted bail, the same by itself is not a ground to extend the discretionary relief of anticipatory bail to the petitioner at this stage of investigation. Considering the nature and gravity of the offences, the manner in which the offences are alleged to have been committed, and the 4 requirement of custodial interrogation for effective investigation, this Court is not inclined to grant anticipatory bail to the petitioner. 8. Accordingly, the Criminal Petition is dismissed. Miscellaneous applications pending, if any, shall stand closed. _________________________ JUSTICE BALAJI MEDAMALLI Date: 22.05.2026 KA/KBN 5 08 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI Criminal Petition No.4438 of 2026 Date: 22.05.2026 KA/KBN