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2026 DAILYLAW 11009 (AP)

Malluvalasa Babjee v. The State of Andhra Pradesh

CRLP/8219/2026 · 2026-09-23

Y Lakshmana Rao

body2026

Judgment text

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APHC010486912026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY, THE 24th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8219/2026 Between: MALLUVALASA BABJEE, S/O LATE RAMAKRISHNA, AGED 46 YRS D.NO.45-5-8/6/7,RAMACHANDRA NAGAR 80 FEET ROAD, NEAR PUTTA BANGARAMMA TEMPLE VISAKHAPATNAM CITY. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Through the S.H.O., of M.V.P. Police Station , VisakhapatnamRep., by its Public Prosecutor High Court at Amaravathi. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: R SIVA SAI SWARUP Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr.YLR,J Crl.P.No.8219 of 2026 Dated 24.09.2026 The Court made the following: ORDER: This 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.215 of 2026 of Muvvalavanipalem Police Station, Visakhapatnam District, registered for the alleged offences punishable under Section 105 of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). 2. Mr.R.Siva Sai Swarup, the learned counsel for the petitioner, submits that the petitioner is innocent of the alleged offence and 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 continued 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 that the petition be allowed. 3. Per contra, Mr.A.Sai Rohith, the learned Assistant Public Prosecutor, vehemently opposed the grant of bail to the petitioner, submitting that the investigation is still in progress 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 likelihood of his absconding, thereby hampering the 3 Dr.YLR,J Crl.P.No.8219 of 2026 Dated 24.09.2026 ongoing investigation and evading the process of law. Hence, the learned Assistant Public Prosecutor urged that the petitions be dismissed. 4. Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. 5. On perusal of the record, it appears that the petitioner and the deceased, namely Lalitha, were in a live-in relationship. The petitioner was arrested on 15.08.2026 and has been in judicial custody for the past 40 days. The allegation against the petitioner is that he pushed the deceased, Lalitha, as a result of which she sustained a head injury after hitting the wall. There are no adverse antecedents reported against the petitioner. The petitioner is a permanent resident of Visakhapatnam District and has got fixed abode. If the petitioner is enlarged on bail subject to stringent conditions, there is no likelihood of his interfering with the investigation, threatening the witnesses, or tampering with the prosecution evidence. 6. Having regard to the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused, this Court is inclined to enlarge the Petitioner/Accused on 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.8219 of 2026 Dated 24.09.2026 i. The Petitioner/Accused shall be enlarged on bail subject to executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for the like sum each to the satisfaction of the learned IV Additional Chief Judicial Magistrate, Visakhapatnam City. ii. The Petitioner/Accused shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 01:00 pm, till filing of the charge sheet. iii. The Petitioner/Accused shall not commit or indulge in commission of any offence while on bail. 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. 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. 5 Dr.YLR,J Crl.P.No.8219 of 2026 Dated 24.09.2026 vi. The Petitioner/Accused 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 to the Investigating Officer. _________________________ DR. Y. LAKSHMANA RAO, J Date: 24.09.2026 RSI 6 Dr.YLR,J Crl.P.No.8219 of 2026 Dated 24.09.2026 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8219 of 2026 Date: 24.09.2026 RSI