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2025 DAILYLAW 53108 (AP)

Nidigunta Aruna v. The State of Andhra Pradesh

CRLP/12825/2025 · 2025-12-19

Y Lakshmana Rao

body2025

Judgment text

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APHC010670722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] SATURDAY,THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12825/2025 Between: 1.NIDIGUNTA ARUNA, D/O NARASIMHULU,HINDU, R/O SAI ENCLAVE APARTMENT, KRR NAGAR, PADUGUPADU, KOVUR MANDAT, SRI POTTI SRIRAMUIU, NELLORE DISTRICT.AT PRESENT IN JUDICIAL CUSTODY AT NELLORE CENTRAL PRISON ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Represented by Public Prosecutor, High Court of AP throughStation House Officer, Nawab pet Police Station,Nellore, SPSR Nellore District. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.B SARVOTHAM REDDY 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.1 on bail in Crime No.228 of 2025 of 2 Nawabpet Police Station, SPSR Nellore, registered against the Petitioner/Accused No.1 herein for the offences punishable under Sections 308(5), 351(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS Act’) and Section 25(1)(A) of the Arms Act, 1959. 2. Heard the learned counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the record. 3. As seen from the record, this is the second bail application. On 31.10.2025 this Court in Crl.P.No.10397/2025 dismissed the first bail application on the ground that there were only nine witnesses examined and the Petitioner was in the judicial custody for the since 45 days; pistol which was allegedly used by the Accused No.1 was yet to be recovered. The Petitioner was arrested on 15.09.2025 on execution of P.T warrant. She has been in the judicial custody for the past 96 days. Investigation is still pending and chargesheet has not yet been filed. The Petitioner is in judicial custody beyond the statutory period of incarceration as contemplated under Section 180(3)(i) of ‘the BNSS’. The Petitioner is entitled to the granting of default bail. 4. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.1, this Court is inclined to enlarge the Petitioner/Accused No.1 on bail. 5. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioner/Accused No.1 shall be enlarged on bail subject to them executing bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties 3 each for the like sum each to the satisfaction of the learned III Additional District & Sessions Judge, Nellore. ii. The Petitioner/Accused No.1 shall appear before the Station House Officer, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet. iii. The Petitioner/Accused No.1 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. 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 herself 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. If the petitioners are found involved in any crime during their release on bail, the Investigating Officer is at liberty to file an application seeking for cancellation of bail. _________________________ DR. Y. LAKSHMANA RAO, J Date: 20.12.2025 Note: Issue C.C. by today B/o VTS