f [3521 ] IN THE HIGH COURT OF ANDHRA PRADESH AT MONDAY, THE TWENTY NINTH DAY OF DECEMbIS^S^P TWO THOUSAND AND TWENTY FIVE ' k s. *551 iPRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12^6 OF 2025 \ Between: Shaik Chemparthi Jakeer @ Cheemparthi Jakeer, S/o. Fakruvalli 30 years, R/o. D.No. 2/218, Near Jandamaanu, Khadarp^ Village Chapadu Mandal, YSR Kadapa District age 1 j ..W Petitioner/Accused AND The State of Andhra Pradesh, Rep by its Public Pr^ecutor, High Court of Andhra Pradesh,At Amaravati. ' Respondent/Complainant Petition under Section 480 & 483 of BNSS., is filed praying that in the circumstances stated in the grounds filed in support of the petition, the High Court may be pleased to release the petitioner/accused on bail, pending investigation, inquiry and trial in Cr.No. 126/2025 of RIMS^U/G Police Station, YSR Kadapa District; The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri. RAMAKRISHNA AKURATHI, Advocate for the Petitioner and of PUBLIC PROSECUTOR, for the Respondent; The Court made the following: 1 APHC010654282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12656/2025 Between: Shaik Chemparthi Jakeer Alias Cheemparthi Jakeer ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. RAMAKRISHNA AKURATHI 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 on bail in Crime No. 126 of 2025 of RIMS U/G Police Station, YSR Kadapa District, registered against the Petitioner/Accused herein for the offences punishable under Sections 323 and 111(1) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘the BNS’). 2 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. The Jailer (Executive), Central. Prison, Kadapa, addressed a letter to the 3. Station House Officer, RIMS U/G Police Station, YSR Kadapa District, on 03.05.2025, alleging that he was informed about the use of a mobile phone inside the Central Prison. He was further informed that the prohibited articles were suspected to have been used by the petitioner. So far, 10 witnesses have been examined. The petitioner was arrested on execution of P.T.Warrant on 06.10.2025. He has been in judicial custody for the past 82 days. Although there are 10 adverse criminal antecedents against the petitioner, all of them relate to forest offences and offences under the Indian Penal Code. Be that as it may, the petitioner/Accused are presumed to be innocent until the guilt is proved. In Prabhakar Tiwari v. State of U.P. and others^, the 4. Hon’ble Apex Court has categorically held that criminal antecedents should not be taken into consideration while considering an application for grant of bail. 5. L.W.10 is co-prisoner, who is accused in another case, is alleged to have spoken to his wife over the phone purportedly supplied by the petitioner. The petitioner is a permanent resident of Khadarpalli Village, Chapadu Mandal, YSR Kadapa District. He has a fixed abode. ^ 2020(11)see 648 3 6. Considering the gravity and nature of the allegations, as well as the facts and circumstances of the case, this Court is inclined to enlarge the Petitioner/Accused on bail. 7. In the result, the Criminal Petition is allowed with the following stringent conditions: The Petitioner/ Accused shall be enlarged on bail subject to he executing a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only), with two sureties for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class & Special Mobile Court, Kadapa. I. ii. :! The Petitioner/ Accused shall appear before the Station House Officer concerned, on every day in between 10:00 am and 05:00 pm for a period of three months. iii. The Petitioner/ Accused shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. The Petitioner/ Accused shall not commit or indulge in commission of any offence in future. IV. The Petitioner/ Accused 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. V. . 4 The Petitioner/ Accused 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. VI. vii. The Petitioner/ Accused shall surrender his passport, if any, to the investigating officer. If he claim that he does not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. Sd/- M. Prabhakar Rao DEPUTY REGISTRAR f- TION OFFICER 1. The IV Additional Sessions Judge, Kadapa’ FAC I Additional Sessions Judge, Kadapa. 2. The Judicial Magistrate of First Class & Special Mobile Court, Kadapa. 3. The Superintendent, Central Prison, Kadapa. 4. The Station House Officer, RIMS U/G Police Station District. 5. One CC to Sri. RAMAKRISHNA AKURATHI, Advocate [OPUC] 6. Two CCS to PUBLIC PROSECUTOR, High Court of Andhra Pradesh Amaravati. [OUT] 7. One spare copy //TRUE COPY// SEC To, it YSR Kadapa JSS HIGH COURT DR.YLR, J DATED: 29/12/2025 BAIL ORDER CRLP.No.12656 of 2025 ALLOWED