APHC010469762026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] SATURDAY, THE 19th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7889/2026 Between: 1. NAGINENI KOTESWARA RAO, S/O. SANKARAIAH,AGED ABOUT 34 YEARS, OCC PRIVATE EMPLOYEE,R/O. LEBAKUVARIPALLI VILLAGE, PULLAMPETA MANDAL,VATHALUR, TIRUPATHI DISTRICT.- 516107. ...PETITIONER/ACCUSED No.2 AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor,High Court of Andhra Pradesh, Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. KISHORE KUMAR KATARI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR ORDER: 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.2 on bail in Crime No.58 of 2026 of 2 Pullampeta Police Station, Tirupathi District, registered for the alleged offences punishable under Sections 109(1), 331(1), 118(1) read with 3(5) of Bharatiya Nyaya Sanhita, 2023 (For brevity ‘BNS’). 2. Mr.Kishore Kumar Katari, the learned counsel for the Petitioner, submits that the Petitioner is innocent of the alleged offence and he has been falsely implicated by the police. It is further submitted that the Petitioner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. He is a law-abiding citizen. The Petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. Hence it is urged to allow the Criminal Petition. 3. Per contra, Mr.A.Sai Rohith, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the Petitioner and submitted that, though the Charge Sheet has already been filed, the accusations against the Petitioner are well founded. Hence, it is urged to dismiss the Criminal Petition. 4. Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record 5. On perusal of the record, this is the second bail application filed by the Petitioner. This Court, vide order dated 31.08.2026 in Crl.P.No.6968 of 2026, dismissed the first bail application filed by the Petitioner and enlarged Accused No.1 on regular bail. There is a change of circumstance, inasmuch as the Charge Sheet has already been filed on 11.09.2026 against the Accused. It is 3 also reported that there are no similar adverse antecedents against the Petitioner. 6. The Petitioner is a permanent resident of Lebakuvaripalli Village, Pullampeta Mandal, Vathalur, Tirupathi District. He has got fixed abode. If enlarged on bail, the Petitioner is likely to cooperate with the learned Trial Court for the expeditious disposal of the case. 7. Having regard to the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.2, this Court is inclined to enlarge the Petitioner/Accused No.2 on bail with some stringent conditions. 8. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioner/Accused No.2 shall be enlarged on bail subject to his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Thousand only) with two sureties for the like sum each to the satisfaction of the learned III Additional District & Sessions Judge, Rajampet. ii. The Petitioner/Accused No.2 shall appear before the learned Trial Court on each and every adjournment without fail. iii. The Petitioner/Accused No.2 shall not leave the limits of the State of Andhra Pradesh without prior permission from the learned Trial Court. 4 iv. The Petitioner/Accused No.2 shall not commit or indulge in commission of any offence in future. v. The Petitioner/Accused No.2 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. vi. The Petitioner/Accused No.2 shall surrender his passport, if any, to the Investigating Officer, if he claims that he does not have passport, he shall submit an affidavit to that effect before the Investigating Officer. _________________________ DR. Y. LAKSHMANA RAO, J Date: 19.09.2026 PRA/VMM 5 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7889 of 2026 Date: 19.09.2026 PRA/VMM