APHC010451052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8964/2025 Between: 1. SHAIK GHOUSIYA, W/O SHAIK KARIM BASH, AGED 39 YEARS, RESIDENT OF MATTI MASJID STREET, PRODDATUR, YSR KADAPA DISTRICT. 2. SHAIK KARIMULLA,, SHAIK KARIM BASH, AGED 22 YEARS, RESIDENT OF MATTI MASJID STREET, PRODDATUR, YSR KADAPA DISTRICT. ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor High Court of Andhra Pradesh At Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. GOWRI SANKAR CHEEKATLA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 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 Crime No.255 of 2025 of Proddatur I Town Police Station, YSR Kadapa DIstrict, registered against the petitioners/Accused Nos.1 and 3 herein for the offence punishable under Sections 333, 118(1), 115(2), 324(4) and 308(5) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). CASE OF THE PROSECUTION: 2. The case of the prosecution in brief is that, on 11.07.2025 at 4.15 PM, accused Nos.1 to 6 and some others criminally trespassed into the house of the de facto complainant, put him in fear and extorted 150 grams of gold and 500 grams of silver ornaments without their consent from their possession. While doing so, the petitioners, with the help of other accused, caused injuries by fisting on the face of the de facto complainant. CONTENTIONS OF THE COUNSEL FOR THE PETITIONER: 3. Sri Cheekatla Gowri Shankar, learned Counsel for the Petitioners submits that the Petitioners are innocent and have been falsely implicated in the alleged offence, without any cogent evidence linking him to the commission of the crime. The petitioners are the sole breadwinners of their family and their arrest would cause undue hardship and prejudice to their 3 dependents. The Petitioners undertake to abide by any condition that this Court may impose while granting bail to the Petitioners. 4. It is further submitted that the petitioners are permanent residents of Praddatur, YSR Kadpa District and there is no likelihood of their absconding or evading the process of law. The Petitioners have cooperated with the investigation so far and assures continued cooperation in future proceedings. It is also urged that the allegations are of such a nature that do not warrant custodial interrogation, and if any condition is imposed while granting the bail, Petitioner would not violate it; and it is urged to allow the petition. ARGUMENTS OF THE STATE: 5. Ms. P.Akhila Naidu, learned Assistant Public Prosecutor submits that material portion of investigation is completed. POINT FOR CONSIDERATION: 6. In the light of the case of the prosecution and the contentions of the learned Counsel for both the sides, now the point for consideration is: “Whether the Petitioners are entitled for grant of bail?” ANALYSIS: 7. As seen from the record, this is the 2nd bail application. Earlier, this Court on 18.08.2025 in Crl.P.No.8349 of 2025 rejected the request of the petitioners for grant of bail. The petitioners have been in judicial custody for the past 58 days. They were arrested on 13.07.2025. Material portion of 4 investigation is completed. Therefore, the question of petitioners either threatening the witnesses or tampering the evidence or hampering investigation would not arise. CONCLUSION: 8. Considering the nature and gravity of allegation levelled against the petitioners, their alleged role played in this case, and the period of detention undergone by the petitioners, this Court is inclined to enlarge the petitioners on bail with the following stringent conditions: i. The petitioners/Accused Nos.1 & 3 shall be enlarged on bail subject to they executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), each with two sureties for the like sum each to the satisfaction of the I Additional Judicial Magistrate of First Class, Proaddatur, YSR Kadapa District. ii. The petitioners/Accused Nos.1 & 3 shall appear before the Station House Officer concerned, 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 & 3 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The petitioners/Accused Nos.1 & 3 shall not commit or indulge in commission of any offence in future. 5 v. The petitioners/Accused Nos.1 & 3 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 petitioners/Accused Nos.1 & 3 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. 9. Accordingly, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 12.09.2025 KA 6 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8964/2025 Date: 12.09.2025 KA