1 APHC010569842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 11051/2025 Between: Kampa Suresh ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. AMANCHARLA SATISH BABU 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 Petitioner/ Accused No.4 on bail in Crime No.116 of 2025 of Buchireddypalem Urban Police Station, SPSR Nellore District, was registered against the Petitioner/ Accused No.4 herein for the offences punishable under Sections 140(3), 127(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 2 (for short ‘the BNS’) and Section 8 read with 7 of the Protection Of Children From Sexual Offences Act, 2012 (for short ‘the POCSO Act’). 2. Heard the learned counsel for the petitioner, the learned Assistant Public Prosecutor. 3. This Court, on 21.07.2025 in Crl.P.No.6917 of 2025, granted bail to Accused No.2, and on 04.08.2025 in Crl.P.No.7540 of 2025, granted bail to Accused No.3. The petitioner/Accused No.4 was arrested on 21.07.2025 and has been in judicial custody for the past 103 days. So far, four witnesses have been examined. The petitioner is entitled to default bail after completion of 90 days. The period of custodial interrogation is over, and no petition has been filed seeking extension of the same. The allegations against the petitioner/Accused No.4 are minor in nature compared to those against Accused No.1, who has already been enlarged on bail. The allegations against the petitioner and Accused Nos.2 and 3 are similar in nature. The learned Assistant Public Prosecutor submits that there are four adverse criminal antecedents reported against the petitioner, viz., Crime No.321 of 2018 of Nellore Rural Police Station, Crime No.228 of 2018 of V.Sathram Police Station, Crime No.86 of 2018 of Nellore Rural Police Station, and one under the provisions of the POCSO Act vide Crime No.140 of 2025, in which the criminal petition seeking bail is pending. Be that as it may, the petitioner/Accused No.4 is presumed to be innocent until the guilt is 3 proved. In Prabhakar Tiwari v. State of U.P. and others1, the Hon’ble Apex Court has categorically held that criminal antecedents should not be taken into consideration while considering an application for grant of bail. The petitioner is a permanent resident of Buchireddypalem Village, SPSR Nellore District, and has a fixed place of abode. Since the investigation has been completed and the charge sheet has been filed, the possibility of the petitioner threatening witnesses, hampering the investigation, or tampering with evidence does not arise. 4. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/ Accused No.4, this Court is inclined to enlarge the Petitioner/ Accused No.4. 5. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioner/ Accused No.4 shall be enlarged on bail subject to he 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 Judicial Magistrate of First Class, Kovur, SPSR Nellore District. ii. The Petitioner/ Accused No.4 shall appear before the learned trial Court on every adjournment without fail. 1 2020 (11) SCC 648 4 iii. The Petitioner/ Accused No.4 shall not commit or indulge in commission of any offence in future. _________________________ DR. Y. LAKSHMANA RAO, J Date: 03.11.2025 S D P 5 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 11051 OF 2025 03.11.2025 S D P