APHC010528652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10307/2025 Between: 1. SHAIK JABEEN, W/O SHAIK SHAHARAJ,MUSLIM, AGED 52 YEARS,R/O D.NO. 28-2-716, NETHA NAGAR,NEAR SVR HIGH SCHOOL, SPSR NELLORE DISTRICT. 2. SHAIK SIRAZ ALIAS SHAHARAJ, S/O SHAJAHAN,MUSLIM, AGED 58 YEARS,R/O D.NO. 28-2-716, NETHA NAGAR,NEAR SVR HIGH SCHOOL, SPSR NELLORE DISTRICT. 3. SK SALEHA NAGINI, D/O SHAIK SIRAJ ALIAS SHAHARAJMUSLIM, AGED 35 YEARS,R/O D.NO. 28-2-716, NETHA NAGAR,NEAR SVR HIGH SCHOOL, SPSR NELLORE DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Rep By its Public ProsecutorHigh Court of Andhar PradeshAmaravathi through Station House OfficerDargamitta Police Station, Nellore ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. AMANCHARLA SATISH BABU Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 ORDER: This criminal petition has been filed, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking for granting of pre-arrest bail to the petitioners-accused Nos. 2 to 4 on bail in crime No. 166 of 2025 of Dargamitta Police Station, S.P.S.R. Nellore District, registered for the offences punishable under Sections 498-A, 324, 307 and 506 read with Section 34 of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act. 2. Heard learned counsel for the petitioners-accused Nos. 2 to 4 and learned Assistant Public Prosecutor appearing for the respondent-State. 3. The allegation against the petitioners-accused Nos. 2 and 4 is that they, with their relatives-accused No. 1, tried to witchcraft the son of de facto complainant. By order dated 14-10-2025 in Criminal Petition No. 10304 of 2025, this Court enlarged accused No. 1 on regular bail with stringent conditions. On perusal of the FIR lodged by de facto complainant, there is no reference about the alleged role played by the petitioner-accused No. 3 in subjecting the son of de facto complainant to witchcraft. In view of that, the petitioner-accused No. 3 is required to be released on pre-arrest bail. 4. Insofar as the allegations levelled against the petitioners-accused Nos. 2 and 4, they are specific in nature and this Court is not inclined to grant pre- arrest bail to them. However, the petitioners-accused Nos. 2 and 4 are permitted to surrender before learned jurisdictional magistrate within a period of two weeks from the date of receipt of a copy of this order. On such surrender and moving appropriate application before learned Court 3 concerned, learned Court concerned is directed to dispose of the petition, on its own merits, as early as possible preferably within a period of two days, by complying with the principles of natural justice, in accordance with law. 5. Considering the facts and circumstances of the case and the nature and gravity of allegations levelled against the petitioner-accused No. 3, this Court is inclined to grant pre-arrest bail to him with the following stringent conditions: (i) In the event of arrest, the petitioner-accused No. 3 shall be enlarged on bail subject to his executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for the like sum each to the satisfaction of arresting officials; (ii) The petitioner-accused No. 3 shall not cause any threat, inducement or promise to the prosecution witnesses; (iii) The petitioner-accused No. 3 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have passport, he shall submit an affidavit to that effect to the Investigating Officer; (iv) The petitioner-accused No. 3 shall not leave the limits of State of Andhra Pradesh without the express permission from the Station House Officer concerned; (v) The petitioner-accused No. 3 shall appear before the Station House Officer concerned on every Saturday between 10 a.m. and 5 p.m. till filing of charge sheet; and 4 (vi) The petitioner-accused No. 3 shall make himself available to the investigating officer as and when required. 6. The criminal petition is accordingly partly allowed. _______________________ Dr. Y.LAKSHMANA RAO, J. Date: 16-10-2025, JSK 5 HONOURABLE Dr. JUSTICE Y.LAKSHMANA RAO CRIMINAL PETITION No. 10307 OF 2025 DATE: 16-10-2025 JSK