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2026 DAILYLAW 10392 (AP)

Chinnam Musalayya v. The State of Andhra Pradesh

CRLP/7833/2026 · 2026-09-18

Y Lakshmana Rao

body2026

Judgment text

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APHC010467922026 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: 7833/2026 Between: CHINNAM MUSALAYYA, S/O. SANDYA RAO,AGED ABOUT 40 YEARS, OCC CIVIL CONTRACTOR,R/O. H.NO.3-87, PEDA HARIJANAPETA,NEAR CHURCH DAGGARA, PEDANINDRAKOLANU VILLAGE,NIDANNARRU MANDAL, ELURU DISTRICT - 534195. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor,High Court Buildings, Amaravathi ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: B S MANI KUMAR Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr.YLR,J Crl.P.No.7833 of 2026 Dated 19.09.2026 The Court made the following: ORDER: The Criminal Petition has been filed under Sections 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioner/accused No.3 on bail in Crime No.67 of 2026 of Nidamarru Police Station, Eluru District, registered against the Petitioner/Accused No.3 herein for the offences punishable under Sections 103(1) and 109(1) read with 3(5) of the Bharatiya Nyaya Sanhitha, 2023 (for brevity ‘the BNS’). 2. Sri Satyendara Mani Kumar, the learned counsel for the petitioner, submits that petitioner is innocent of the alleged offence and has been falsely implicated in the case. He is a law-abiding citizen. He is sole earning member of the family. He has not committed any offence. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, the learned counsel prays that the present petition be allowed in the interest of justice. 3. Per contra, Mr.A.Sai Rohit, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioner is released on bail at this stage, there is a strong likelihood that he may abscond, thereby hampering the 3 Dr.YLR,J Crl.P.No.7833 of 2026 Dated 19.09.2026 ongoing investigation and evading the process of law. In view of the foregoing submissions, it is urged that the petition be dismissed. 4. Heard the learned counsel for the petitioner, the learned Assistant Public Prosecutor. Perused the record. 5. As seen from the record, the petitioner is arrayed as Accused No.3. He is a civil-contractor who is involved in laying roads. The allegation levelled against the accused No.1 and accused No.2 by the de-facto complainant is that the accused No1 stabbed the father of the de-facto complainant with a crowbar on his neck and stomach and that when the brother of the de-facto complainant tried to rescue his father, the accused No.2 caught hold of the neck of the brother of the de-facto complainant and stabbed him with a knife on his stomach. The allegation levelled against accused No.3 by the de-facto complainant is that accused No.3, his family members, and many neighbouring people were present, but no person has come-forward to protect the family members of the de-facto complainant. 6. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the petitioner/accused No.3, as there are no specific overt acts attributable to the petitioner/accused No.3, this Court is inclined to enlarge the petitioner/accused No.3 on pre-arrest bail with some stringent conditions. 7. In the result, the Criminal Petition is allowed with the following stringent conditions: 4 Dr.YLR,J Crl.P.No.7833 of 2026 Dated 19.09.2026 i. In the event of the arrest of the Petitioner, the petitioner/Accused No.3 shall be enlarged on bail by executing a bond for a sum of Rs.20,000/-(Rupees Twenty Thousand Only) with two sureties for the like sum to the satisfaction of the arresting police officials; ii. The petitioner/Accused No.3 shall make himself available for investigation as and when required; iii. The petitioner/Accused No.3 shall not cause any threat, inducement or promise to the prosecution witnesses iv. The petitioner/Accused No.3 shall appear before the Station House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet. v. The petitioner/Accused No.3 shall not leave the limits of the State of Andhra Pradesh without the express permission from the Station House Officer concerned. vi. The petitioner/Accused No.3 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. 5 Dr.YLR,J Crl.P.No.7833 of 2026 Dated 19.09.2026 vii. The Petitioner/Accused No.3 shall surrender his passport, if any, to the Investigating Officer. If he claims that he does not have passport, he shall submit affidavits to that effect to the Investigating Officer. _________________________ DR. Y. LAKSHMANA RAO, J Date: 19.09.2026 RSI/DRNR 6 Dr.YLR,J Crl.P.No.7833 of 2026 Dated 19.09.2026 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7833 of 2026 Date: 19.09.2026 RSI/DRNR