APHC010538582025 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: 10475/2025 Between: 1. SUDHARSHAN SUNNY ALIAS SUNNY, S/O. YANADHAIAH, AGED ABOUT 26 YEARS, R/O. HARIJANAVADA, POTTEPALEM VILLAGE, NELLORE RURAL MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATION HOUSE OFFICER, Kandaleru Police Station, Rep. by its Public Prosecutor, High Court of Andhra Pradesh Amaravathi ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. C SUBODH Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 ORDER: This criminal petition has been filed, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to enlarge the petitioner- accused No. 3 on bail in crime No. 16 of 2025 of Kandaleru Police Station, S.P.S.R. Nellore District, registered for the offence punishable under Section 103 (1) of the Bharatiya Nyaya Sanhita, 2023. 2. Heard learned counsel for the petitioner-accused No. 3 and learned Assistant Public Prosecutor appearing for the respondent-State. 3. This second bail application. The petitioner has been in judicial custody for the past 144 days. After thorough investigation, charge sheet was filed. Accused No. 1 was in love affair with the daughter of the deceased. The deceased was killed by accused No. 1 and other persons. The alleged role played by the petitioner-accused No. 3 is that he participated in the rekki conducted prior to killing of the deceased. Learned Assistant Public Prosecutor submits that the presence of the petitioner was there at the scene of offence. 4. Except omnibus allegations, there was no specific allegation that he actively did some act in killing the deceased. It takes considerable length of time to take up the matter for trial and disposal. Keeping the petitioner until such indefinite time in judicial custody would not serve any purpose. If certain stringent conditions are imposed on the petitioner while enlarging him on bail, ends of justice would be sub-served. 3 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 enlarge him on bail with the following stringent conditions: (i) The petitioner-accused No. 3 shall be enlarged on bail subject to his executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties for the like sum each to the satisfaction of learned Additional Judicial Magistrate of I Class, Gudur; (ii) The petitioner-accused No. 3 shall appear before learned trial Court on each and every adjournment without fail; (iii) The petitioner-accused No. 3 shall not indulge in commission of similar offence henceforth; and (iv) If the petitioner-accused No. 3 is alleged to have committed any offence during pendency of trial, the investigating officer is at liberty to either approach learned trial Court or this Court seeking for cancellation of his bail. 6. The criminal petition is accordingly allowed. _______________________ Dr. Y.LAKSHMANA RAO, J. Date: 16-10-2025, JSK 4 HONOURABLE Dr. JUSTICE Y.LAKSHMANA RAO CRIMINAL PETITION No. 10475 OF 2025 DATE: 16-10-2025 JSK