I|sj tHE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE iPRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8500 OF 2025 Between: Leburu Balaji, S/o. Leburu Mallikharjuna, Aged about 30 years, R/o. Chinthopu village, T.P Gudur Mandal, SPSR Nellore District. ... Petitioner/Accused No.1 AND The Station House Officer, T.P.Gudur Police Station, Rep. by its Public Prosecutor, High Court of Andhra Pradesh Amaravathi ... Respondent Petition under Section 480 and 483 of BNSS is filed, 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 petitioner on bail in Cr.No.157/2025 of T.P.Gudur Police Station, SPSR Nellore District. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI C SUBODH Advocate for the Petitioner, Assistant Public Prosecutor for the respondent and the Court made the following. ORDER 2 ORDER: This Criminal Petition has been filed under Sections the Bharatiya Nagarik Suraksha Sanhita petitioner-accused No. 1 Gudur Police Station, S.P.S.R. Nellore District, 480 and 483 of 2023, seeking to enlarge the on bail in crime No. 157 of 2025 of Totapalli registered for the offence punishable under Section 109 (1) read with Section 3 (5) of Bharatiya Nyaya Sanhita, 2023. 2. Case of the prosecution is that on 29-06-2025 at 6 p.m. at Chinthopu Village Layout of T.P. Gudur Mandal, accused No. 1 along with accused Nos. 2 to 4 went to the de facto complainant, caught hold the neck of the de facto complainant and stabbed him with broken bottle existing ill-feelings among them since 2024 General Elections. and knife due to 3. Sri C.Subodh, learned counsel for the petitioners contends that the petitioner is innocent of the alleged offence and has been falsely implicated It is further submitted that the petitioner is the sole earning member of his family and, therefore, his continued incarceration would cause undue hardship to his dependents. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing, learned counsel prays that the present petition be allowed in the interest of justice. by the police. 4. Per contra, Ms. Akhila Naidu, learned Assistant Public vehemently opposed the grant of bail to the petitioner, Prosecutor, submitting that the 3 investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioner is released on bail at this stage, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing, it is urged that the petition be dismissed. 5. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor. Perused the record. As seen from the record, the* allegation against the petitioner-accused No. 1 and other accused is that they tried to do away the life of the de facto complainant but there are no injuries let alone grievous injuries as seen from the information lodged by the de facto complainant or on any document subsequently procured during investigation. The petitioner was arrested 30-06-2025 and he has been in judicial custody for the past 53 days. Learned Assistant Public Prosecutor submits that the petitioner is a rowdy-sheeter and he has got seven adverse antecedents. Be that as it may, the petitioner- accused No. 1 is presumed to be innocent till the guilt is proved. There is no record placed by the prosecution that the petitioner, on earlier occasions on similar charges, was found guilty by a competent Court of law. 6. on Considering the facts and circumstances of the case and the nature and gravity of the allegations levelled against the petitioner-accused No. 1 and his alleged role played in this case, this Court is inclined to grant bail to the petitioner-accused No. 1 with the following stringent conditions: 7. t 4 (i) The petitioner-accused No. 1 shall be enlarged on bail subject to his executing a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties for the like sum each to the satisfaction of learned Special Judicial Magistrate of I Class for Railways, Nellore; (ii) The petitioner-accused No. 1 shall appear before the Station House Officer concerned on every Saturday in between 10 a.m. and 5 p.m. till cognizance is taken by the learned the Trial Court; \ / (iii) The petitioner-accused No. 1 shall not leave the limits of the district without prior permission from the investigating officer; (iv) The petitioner-accused No. 1 shall not commit or indulge in commission of any offence in future; (V) The petitioner-accused No. 1 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required; (Vi) The petitioner-accused No. 1 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 or to any police officer; and 5 f (vii) The petitioner-accused No. 1 shall surrender his to the investigating officer. If he claims that he does passport, he shall submit an affidavit to that effect investigating officer. passport, if any, not have to the 8. The criminal petition is accordingly allowed. / SDI- U. SRIDEVI ASSISTANT RE^STRAR //TRUE COPY// h SECTION OFFICER To, 1. The Special Judicial Magistrate of First Class for Railways, SPSR Nellore. 2. The Superintendent, District Jail, SPSR Nellore. 3. The Station House Officer, Totapalli Gudur Police Station, SPSR Nellore District. 4. One CC to SRI. C SUBODH Advocate [OPUC] 5. Two CCS to PUBLIC PROSECUTOR, High Court of Andhra Pradesh.[OUT] 6. One spare copy ksr HIGH COURT DR.YLR, J DATED:21/08/2025 BAIL ORDER CRLP.No.8500 of 2025 ALLOWED