+Eiii?iiE IN THE HIGH COURT OF ANDHRA PRADESH AT AM MONDAY ,THE TWENTY FIRST DAY OF JU TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6901 OF 2025 Between : 1. Podugu Ganesh alias KobbariChippalu, S/o Late GopaI. Aged about 20 Yrs, BehI-nd Thummidi Brother Cloths Shop, Rangreejupeta, Kotagummam, Rajamahendravaram. 2. Seetha Durga Prasad, S/o Srinivasu, About 20 Yrs. Near Bosu Statue. 1 st Street, Annapurnammapeta, Rajamahendravaram Petitioners/Accused 1 & 2 AND The State ofAndhra Pradesh, Rep. by Public Prosecutor, High Court at Amaravati through station House officer, Bommuru Police Station East Godavari District Respondent/Complainant Petition under sections 437 & 439 of Cr.P.C, (New Sections 480 & 483 of BNSS, 2023) praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioners on Regular bail in Crime No.45 of 2O25 U/s 309(4), 111 BNS of Bommuru PS, East Godavari District COUNSEL FOR THE PETITIONERS : SRl. B.SUDHAKAR KUMAR COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER THE HONOURABLE DR JUSTICE,Y. LAKSHMANA RAO CRIMINAL PETITION No:6901/2025 ORDER: The Criminal Petition has been'ffiled under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity fthe BNSS!), seeking to enlarge the petitioners/Accused Nos.1 and 2 on bail in Cr.No.45 of 2025 of Bommuru Police Station, East Godavari District, registered against- the petitioners/Accused Nos.1 and 2 herein for the offence punishable under Sections 309(4),111 of Bharatiya Nyaya Sanhita, 2023 (for short fthe BNSl). 2. Provenance of the case of the prosecution is that on the intervening night of 02/03.02.-2025 between 1:00 a.m. and 1 :30 a.m., the complainant, SK Sakl'luddin, aged 30 years, resident of Uppar Tapanda Village, Basta Post, . Balasore District, Odisha State, and presently working as a supplier at Friends Dhaba-1 in Diwancheruvu, Rajanagaram MandaI, was proceeding towards his rented residence along with his hotel Captain, Arif, after closing the Dhaba for the day. While enroute near SVPC Function Hall, close to Zero Point, Diwancheruvu, they were intercepted by five unknown persons. One of the offenders, brandishing a knife, forcibly robbed the complainant of Rs.4,000/-in .cash and a Realme mobile phone, collectively valued at Rs.8,000/-, and fled the scene with the stolen property. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the r'ecord. I Sri B.Sudhakar Kumar, 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 breadwinners; petitioners vyould abide by any conditions to be imposed by this Court; if any condition is imposed while granting the bail, Petitioners would not violate it; and it is urged to allow the petition. 5. Per confra, Mr.Neelotphal Ganji, the learned Assistant Public Prosecutor, opposed in grantI-ng Of bail stating that some more material witnesses have to be examined; investig-ation is not completed; if the petitioners were enlarged on bail, they would not be available for the investigation and Petitioners may threaten the witness; they would escape from the clutches of law;. and urged to dismiss the bail petition. 6. In fact, the petitioners have been in the judicial custody for the past 151 days, they were arrested on 19.02.2025. Custodial interrogation of the petitioner is not required as the period of first fifteen days for custodial interrogation of the Petitioners is also expired. The learned Assistant Public Prosecutor submits that the charge sheet has been filed in this case. ln view of the above, if the Petitioners are enlarged on bail, there is no question of {ampering the evidence or he_m`p.e.ring investigation. The trail would take considerable time. Keeping the petitioners in the jail for such a long time would not serve any purpose. For the above reasons, this Court deems it fit to enlarge the petitioners on bail. 4 d> 7. ConsiderI'ng the nature and gravity of allegation levelled against Petitioners, and their alleged role played in this case, and the period of detentI'On undergone by the Petitioners, this Court is inclined to enlarge the petitioners on bail wI'th the fOIlowI-ng Stringent conditions: I'. The petitioners/Accused Nos.1 and 2 and shall be enlarged on bail subject to them executI'ng 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 VI Additional Judicial First class Magistrate, Rajamahendravaram. ill. The petitI-OnerS/Accused Nos.1 and 2 shall appear before the station House Officer, Bommuru Police Station, East Godavari 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/Accused Nos.1 and 2 shall not leave the limits of the District without prior permission from the learned vI Additional Judicial First class Magistrate, Rajamahendravaram. 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 himself available for interrogation by the inves{l-gating officer as and when required. 5 I vi. The petitioners/Accused Nds.1 and 2 shall not, directly or indirectly, make any I-nducement, threat or promI®Se tO any person acquaI-nted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any poll-ce officer. vI'i. The petitioners/Accused Nos.1 and 2 shall surrender their Passports, if any, to the investigating officer. lf they claim that they do not have a passport, they shall submit an affidavit to that effect to the Investigating officer. 8. Accordingly, the criminal petition is allowed. SD/-G.HELA NAIDU //TRUE COPY// ASSIST#EGISTRAR For ASSISTANT REGISTRAR To, 1. The I Additional District and sessions Judge, East GodavarI- District, Rajamahendravaram 2. The VI Additional Judl-ciaI First Class Magistrate, Rajamahendravaram 3. The Superl-ntendent, central Jail, Rajamahendravaram 4. The Station House officer, Bommuru Police Station East Godavari District 5. One CC to SRI. B.SUDHAKAR KUMAR Advocate [OPUC] 6. Two CCs to PUBLIC PROSECUTOR, High Court ofA.P[OUT] 7. One spare copy HIGH COURT DR.YLR,J DATED:21/07/2025 BAIL ORDER CRLP.No.6901 of 2025 ALLOWED • .A . + I-`.+ ,+ '