APHC010480892026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY, THE 21st DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8103/2026 Between: 1. TAMMISETTY EDUKONDALU ALIAS KONDA, A1,S/O. PEDDA VENKATESWARLU, AGED ABOUT 49 YEARS,R/O.VINAYAKUNIGUTTA, MACHERLA TOWN,MACHERLA MANDAL, PALNADU DISTRICT. 2. TAMMISETTY CHINNA KONDA, A3,S/O.TIRUPATHAIAH, AGED ABOUT 47 YEARS R/O.NEHRUNAGAR, MACHERLA TOWN,MACHERLA MANDAL, PALNADU DISTRICT. 3. TAMMISETTY KOTESWARA RAO, A4,S/O. PEDDA VENKATESWARLU, AGED ABOUT 44 YEARS,R/O.R.T.C.BACK SIDE, MACHERLA TOWN,MACHERLA MANDAL, PALNADU DISTRICT. 4. ORSU RAMAKRISHNA, A9,S/O. RAMU, AGED ABOUT 25 YEARS,R/O.RAMA TALKIES LINE, MACHERLA TOWN,MACHERLA MANDAL, PALNADU DISTRICT 5. TAMMISETTY RAMBABU, A10,S/O. PEDDA VENKATESWARLU, AGE 25 YEARSR/O.VINAYAKUNIGUTTA, MACHERLA TOWN,MACHERLA MANDAL, PALNADU DISTRICT. ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, Rep. by Sub-Inspector of Police,Macherla Town P.S., Palnadu District,Rep. by its Public Prosecutor,High Court of A.P. at Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 2 Dr.YLR,J Crl.P.No.8103 of 2026 Dated 21.09.2026 MUSUDI BABJI Counsel for the Respondent/complainant: 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 Petitioners/Accused Nos.1, 3, 4, 9 and 10 on bail in Crime No.108 of 2026 of Macherla Police Station, Palnadu District, registered for the alleged offences punishable under Sections 109(1) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). 2. Mr. Musudi Babji, the learned counsel for the petitioners, submits that the petitioners are innocent of the alleged offence and have been falsely implicated by the police. It is further submitted that the petitioners are the sole earning members of their respective families and, therefore, their continued incarceration would cause undue hardship to their dependents. 3. The learned counsel for the petitioners further submits that the petitioners were arrested on 06.07.2026 and have been in judicial custody for the past 77 days. The substantial part of the investigation has already been completed. The petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. Hence, it is urged that the petition be allowed. 3 Dr.YLR,J Crl.P.No.8103 of 2026 Dated 21.09.2026 4. Per contra, Mr. A. Sai Rohith, the learned Assistant Public Prosecutor, vehemently opposed the grant of bail to the petitioners, submitting that the investigation is still in progress and several material witnesses remain to be examined. It is contended that, if the petitioners are released on bail at this stage, there is a likelihood of their absconding, thereby hampering the ongoing investigation and evading the process of law. Hence, the learned Assistant Public Prosecutor urged that the petitions be dismissed. 5. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the material available on record. 6. On perusal of the record, the petitioners are arraigned as Accused Nos.1, 3, 4, 9 and 10. L.Ws.1 to 5 are the injured persons in the case. However, they are stated to have sustained simple injuries. Substantial part of the investigation with regard to the alleged role attributed to the petitioners has been completed. However, the charge sheet has not yet been filed even after expiry of the statutory period of 60 days. So far, four witnesses have been examined. The petitioners were arrested on 06.07.2026 and have been in judicial custody for the past 77 days. 7. The petitioners are permanent residents of Palnadu District and have fixed abodes. If the petitioners are enlarged on bail, subject to stringent conditions, there is no likelihood of their absconding, threatening the witnesses, tampering with the evidence or hampering the further course of 4 Dr.YLR,J Crl.P.No.8103 of 2026 Dated 21.09.2026 investigation. No application seeking custodial interrogation of the petitioners has been filed, and the period for filing such an application has also expired. 8. Having regard to the facts and circumstances of the case, the nature and gravity of the allegations levelled against the petitioners, the period of incarceration undergone by them and the stage of investigation, this Court is inclined to enlarge the Petitioners/Accused Nos.1, 3, 4, 9 and 10 on bail, subject to certain stringent conditions. 9. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioners/Accused Nos.1, 3, 4, 9 and 10 shall be enlarged on bail subject to their executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each with two sureties each for the like sum each to the satisfaction of the learned Additional Judicial Magistrate of First Class, Macherla, Palnadu District. ii. The Petitioners/Accused Nos.1, 3, 4, 9 and 10 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet. iii. The Petitioners/Accused Nos.1, 3, 4, 9 and 10 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The Petitioners/Accused Nos.1, 3, 4, 9 and 10 shall not commit or indulge in commission of any offence while on bail. 5 Dr.YLR,J Crl.P.No.8103 of 2026 Dated 21.09.2026 v. The Petitioners/Accused Nos.1, 3, 4, 9 and 10 shall cooperate with the Investigating Officer in further investigation of the case and shall make themselves available for interrogation by the Investigating Officer as and when required. vi. The Petitioners/Accused Nos.1, 3, 4, 9 and 10 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. vii. The Petitioners/Accused Nos.1, 3, 4, 9 and 10 shall surrender their passports, if any, to the Investigating Officer. If they claim that they do not have passports, they shall submit affidavits to that effect to the Investigating Officer. _________________________ DR. Y. LAKSHMANA RAO, J Date: 21.09.2026 RSI 6 Dr.YLR,J Crl.P.No.8103 of 2026 Dated 21.09.2026 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8103 of 2026 Date: 21.09.2026 RSI