APHC010201722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY, THE FIFTEENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4236/2025 Between: Babanbhaigari Babapeer and another ...PETITIONER/ACCUSED(S) AND The State of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. V NITESH Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following order: 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 and 3 on bail in Cr.No.61 of 2025 of Kamalapuram Police Station, Proddatur, YSR Kadapa District, registered against the petitioners herein/A1 and A3 for the offences punishable under Sections 109(1), 351(2) read with 3(5) of Bharatiya Nyana Sanhita (for brevity ‘the BNS’). 2 2. The case of the prosecution in nutshell is that the de facto complainant and his brother were attacked due to ongoing family issues and they were sustained bleeding injuries from a knife attack. Along with physical assault, they were threatened with dire consequences. Hence, the police registered the aforementioned crime and arrested the petitioners herein on 21.03.2025. 3. Heard Sri V.Nitesh, learned counsel for the petitioners and Sri Neelotphal Gunj, learned Assistant Public Prosecutor. 4. Perused the record. 5. Sri V.Nitesh, the learned counsel for the petitioners submits that the petitioners have not committed any offence; petitioners were falsely implicated by the police in the crime; petitioners are the sole bread winners of their respective families; petitioners would abide by any conditions to be imposed by this Court; and urged to allow the petition. 6. Per contra, Sri Neelotphal Gunj, the learned Assistant Public Prosecutor, opposed in granting of bail stating that some more material witnesses have to be examined; investigation is not completed; if the petitioners are enlarged on bail, they would not be available for the investigation and they would escape from the clutches of law; and urged to dismiss the bail petition. 7. As seen from the record, the petitioners have been in the judicial custody for the past 55 days. The petitioners are residents of Kamalapuram Mandal, Kadapa District of Andhra Pradesh. If the petitioners are enlarged on 3 bail with stringent conditions, they would not flee away from the clutches of the law, and interest of the justice would be served. 8. Keeping in view of the period of detention undergone by the petitioners in judicial custody for more than 55 days, the nature and gravity of allegation levelled against the petitioners, and their alleged role in the case, this Court is inclined to enlarge the petitioners on bail with the following stringent conditions. 9. In the result, the Criminal Petition is allowed with the following conditions: i). The petitioners shall be enlarged on bail subject to their executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each for the like sum each to the satisfaction of the learned II Additional Sessions Judge, Kadapa at Proddatur. ii). The petitioners shall appear before the Station House Officer, Kamalapuram Police Station, Proddatur, YSR Kadapa District, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii). The petitioners shall not leave the limits of the District without prior permission from the learned II Additional Sessions Judge, Kadapa at Proddatur. iv). The petitioners shall not commit or indulge in commission of any offence in future. 4 v). The petitioners 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 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 them from disclosing such facts to the Court or to any Police Officer. _________________________ DR. Y. LAKSHMANA RAO, J Date: 15.05.2025 MP 5 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4236/2025 Dated:15.05.2025 MP