1 APHC010026512026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 394/2026 Between: 1. GUDIA RAMA LAKSHMI, W/O PEDDA VENKAFA RAO, R/O,D-NO.5- 16, BOARD SCHOOL STREET, PIPPARA VILLAGE, GANAPAVARAM MANDAL, ELURU DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR,A.P HIGH COURT BUILDINGS, AMARAVATHI. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. VARDHINEEDI SAI KIRAN Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 394 OF 2026 ORDER:- The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity 8the BNSS9), seeking to enlarge the Petitioner/Accused No.2 on bail in Crime No.6 of 2026 of Ganapavaram Police Station, Eluru District, registered against the Petitioner/Accused No.2 herein for the offences punishable under Sections 109(1), 332(b) read with 3(5) of Bharatiya Nyaya Sanhita (for short 8the BNS9). 2. Heard Mr.Vardhineedi Saikiran, learned counsel for the petitioner and Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing the respondent/State. Perused the record. 3. The learned counsel for the petitioner would submit that the petitioner is innocent and has been falsely implicated in the alleged offence, without any cogent evidence linking to the commission of the crime. It is further submit that the petitioner is a woman and she is aged about 70 years and she is suffering with kidney disease. The petitioner undertakes to abide by any condition that this Court may impose while granting bail to the petitioner. 4. The learned Assistant Public Prosecutor, strenuously opposed the grant of bail, contending that the investigation is still underway and several material 3 witnesses are yet to be examined. It is submitted that enlargement of the petitioner on bail at this stage would seriously hamper the progress of the investigation and may result in non-cooperation from the petitioner. The prosecution further apprehends that the petitioner, if released, may influence or intimidate witnesses, thereby obstructing the course of justice. It is also urged that there exists a real and imminent risk of the petitioner absconding and evading the due process of law. Given the gravity of the allegations and the potential threat to the integrity of the investigation, it is submitted that the petitioner do not deserve the discretionary relief of bail and it is urged to dismiss the bail petition. 5. As seen from the record, the allegations against the petitioner/accused No.2 are that the petitioner along with accused No.1 abused the defacto complainant in filthy language and forcibly trespassed into his house and the petitioner/accused No.2 beat the defacto complainant with stick on his left hand, right leg, foot waist, and jaw and caused bleeding injuries. The petitioner was arrested on 13.01.2026. She has been in the judicial custody for the past 16 days. The substantial portion of the investigation in so far the involvement of the petitioner is concerned is completed. The petitioner is permanent resident of Pippara Village, Ganapavaram Mandal, Eluru District. The petitioner has got fixed abode. The period of custodial interrogation is 4 completed. The petitioner is a old woman and aged about 70 years and the petitioner is suffering with kidney disease and she is a dialysis patient. 6. Considering the facts and circumstances of the case, nature and gravity of allegation levelled against the petitioner, her alleged role played in this case, and the period of detention undergone by the petitioner, and also considering the age and kidney disease of the petitioner, this Court is inclined to enlarge the petitioner on bail. 7. 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 she executing bond for a sum of Rs.20,000/- (Rupees ten thousand only), with two sureties for the like sum each to the satisfaction of the learned I Additional Junior Civil Judge-cum-I Additional Judicial First Class Magistrate, Tadepalligudem, West Godavari District. ii. The petitioner/Accused No.2 shall appear before the Station House Officer concerned as and when her presence is required. iii. The petitioner/Accused No.2 shall not leave the limits of the State of Andhra Pradesh without prior permission from the concerned Magistrate Court. iv. The petitioner/Accused No.2 shall not commit or indulge in commission of any offence in future. 5 v. The petitioner/Accused No.2 shall cooperate with the investigating officer in further investigation of the case and shall make herself available for interrogation by the investigating officer as and when required. vi. 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 or to any police officer. vii. The petitioner/Accused No.2 shall surrender her passport, if any, to the investigating officer. If she claim that she do not have a passport, she shall submit an affidavit to that effect to the concerned Magistrate Court. As a sequel thereto, the miscellaneous petitions pending, if any, shall stand closed. __________________________________ DR.VENKATA JYOTHIRMAI PRATAPA, J Date: 28.01.2026 S D P 6 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 394 OF 2026 28.01.2026 S D P