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2026 DAILYLAW 12191 (AP)

Kogatam Jayamma v. The State of Andhra Pradesh

CRLP/8585/2026 · 2026-10-04

Y Lakshmana Rao

body2026

Judgment text

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APHC010510362026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY, THE 5th DAY OF OCTOBER 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NOS: 8591 and 8585 OF 2026 CRIMINAL PETITION NO: 8591 of 2026 Between: 1. KOGATAM NAGI REDDY, S/O. VENKATA SUBBA REDDY,AGED ABOUT 45 YEARS, OCC SOFTWAR ENGINEERR/O. D.NO.3/207, TAPPETAVARIPALLE VILLAGE, MYDUKUR MUNICIPALITY,Y.S.R. DISTRICT. 2. KOGATAM RAMI REDDY, S/O. NAGESWAR REDDY,AGED ABOUT 30 YEARS, OCC PRIVET EMPLOY ,R/O. D.NO3/85/A, TAPPETAVARIPALLE VILLAGE, MYDUKUR MUNICIPALITY,Y.S.R. DISTRICT. 3. KOGATAM NAGESWAR REDDY, S/O. LATE NAGI REDDY,AGED ABOUT 60 YEARS, OCC AGRICULTURE,R/O. D.NO.3/85/A, TAPPETAVARIPALLE VILLAGE, MYDUKUR MUNICIPALITY,Y.S.R. DISTRICT. 4. KOGATAM VENKATA SUBBA REDDY, S/O. LATE NAGI REDDY,AGED ABOUT 72 YEARS, OCC AGRICULTURE,R/O. D.NO.3/83, TAPPETAVARIPALLE VILLAGE, MYDUKUR MUNICIPALITY,Y.S.R. DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PUBLIC PROSECUTOR,HIGH COURT BUILDINGS, AMARAVATHI. 2. THE SHO, MYDUKUR U/G POLICE STATION,Y.S.R KADAPA 2 DISTRICT. ...RESPONDENT/COMPLAINANT(S): CRIMINAL PETITION NO: 8585/2026 Between: 1. KOGATAM JAYAMMA, W/O. KOGATAM VENKATA SUBBA REDDY,AGED ABOUT 60 YEARS, OCC HOUSE WIFE,R/O. D.NO.3/83, TAPPETAVARIPALLE VILLAGE, MYDUKUR MUNICIPALITY,KADAPA DISTRICT. 2. KOGATAM ANUSHA, W/O. RAMI REDDY,AGED ABOUT 26 YEARS, OCC HOUSE WIFE,R/O. D.NO.3/83, TAPPETAVARIPALLE VILLAGE, MYDUKUR MUNICIPALITY,KADAPA DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PUBLIC PROSECUTOR,HIGH COURT BUILDINGS, AMARAVATHI. 2. THE SHO, MYDUKUR U/G POLICE STATION,Y.S.R KADAPA DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1. D VIGNESHWAR REDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: COMMON ORDER: These two Criminal Petitions are heard together and are being disposed of by this common order, as the Petitioners in the two petitions are different, but the crime registered against them is one and the same. 3 2. The Criminal Petition Nos.8591 and 8585 of 2026 have been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to grant pre-arrest bail to the Petitioners/Accused Nos.1 to 6 in Crime No.249 of 2026 of Mydukur U/G Police Station, Y.S.R District, for the alleged offence punishable under Sections 118(1) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). 3. Sri D. Vigneshwar Reddy, the learned counsel for the Petitioners, submits that the Petitioners are innocent of the alleged offences and have been falsely implicated by the police. The Petitioners are the sole breadwinners of their respective families and are law‑abiding citizens. They undertake to strictly adhere to any conditions that may be imposed by this Court. Hence, it is urged to allow the Criminal Petitions. 4. Per contra, Mr.A.Sai Rohith, the learned Assistant Public Prosecutor vehemently opposed the grant of pre-arrest bail to the Petitioners, submitting that the investigation is still underway and several material witnesses remain to be examined. It is further submitted that if the Petitioners are released on pre-arrest bail at this stage, there is a strong likelihood that they may abscond, thereby hampering the ongoing investigation and evading the process of law. Hence, it is urged to dismiss the Criminal Petitions. 5. On perusal of the record, the Petitioners are arraigned as Accused Nos.1 to 6 in these cases. The Petitioners/Accused Nos.5 and 6 are women aged about 60 and 26 years, respectively. The de-facto complainant alleged that the Petitioners and some others pelted stones at the de-facto complainant 4 and others, causing some injuries. The learned Assistant Public Prosecutor submits that L.W.1 suffered dislocation of a tooth, which is a grievous injury, pursuant to the pelting of stones by the group of accused. However, it is not clear as to which of the accused pelted the stones that caused the said injury. The allegations levelled against the Petitioners are bald and omnibus in nature. 6. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioners/Accused Nos.1 to 6, this Court is inclined to enlarge the Petitioners/Accused Nos.1 to 6 on pre-arrest bail with some stringent conditions. 7. In the result, the Criminal Petition Nos.8591 and 8585 of 2026 are allowed with the following stringent conditions: i. In the event of their arrest, the Petitioners/Accused Nos.1 to 6 shall be enlarged on bail subject to their 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 arresting police officials; ii. The Petitioners/Accused Nos.1 to 6 shall make themselves available for investigation as and when required; iii. The Petitioners/Accused Nos.1 to 6 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. iv. The Petitioners/Accused Nos.1 to 6 shall not, directly or indirectly, make any inducement, threat or promise to 5 any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court. vi. The Petitioners/Accused Nos.1 to 6 shall surrender their passports, if any, to the Investigating Officer. If they claim that they do not have passports, they shall submit affidavit to that effect to the Investigating Officer. _________________________ DR. Y. LAKSHMANA RAO, J Date: 05.10.2026 KMS 6 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NOs: 8591 and 8585 of 2026 Date: 05.10.2026 KMS