Extracted from the PDF above. The PDF is authoritative.
APHC010026682026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 427/2026 Between:
1. SHAIK HUSSAIN, S/O. ABDUL KADHAR, AGED 58 YEARS, R/O. FLAT NO. 503, DNR ENCLAVE, ATMAKURU VILLAGE, MANAGALGIRI MANDAL, GUNTUR DISTRICT.
...PETITIONER/ACCUSED AND
1. THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor,High Court of A. P., Amaravati,Through S.H.O., Mangalagiri Rural P.S.Guntur District.
...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to enlarge him on bail on such terms and conditions as in Cr No. 507 of 2025 on the file of SHO Mangalagiri Rural P.S, Guntur District, Honourable court deems fit and proper in the interests of justice Counsel for the Petitioner/accused:
1. SIVA RAMA KRISHNA KOLLURU Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR The Court made the following:
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No: 427 of 2026
ORDER :
The Criminal Petition under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2024 (for short ‘BNSS’) has been filed by the petitioner/sole accused, seeking regular bail in Crime No.507 of 2025 of Mangalagiri Rural Police Station, Guntur District, registered for the offences punishable under Sections 115(2), 105 of BNS.
2. Case of the prosecution, in brief, is that the complainant on 18.11.2025 at 08.00 hours lodged report stating that her husband is suffering with heart disease and also undergoing treatment. At about six years ago, husband of complainant borrowed Rs.30 lakhs from Parimala durga and registered flat No.101 in her name and in turn she sold to someone. While so, the accused who is residing in the same apartment in flat No.505 threatened that he would remove their electricity meter and fix it to flat No.101. In the said altercation, the accused pushed the complainant and her son and the deceased also tried and fell down and that he went unconscious and died while undergoing treatment.
3. Heard Sri K. Siva Rama Krishna, learned counsel for the petitioner and Mr. K. Sandeep, learned Assistant Public Prosecutor, representing the State/Respondent.
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4.
Learned counsel for the petitioner would submit that the petitioner is innocent and has been falsely implicated in the present case. The petitioner is not having any intention to commit the said act and has no knowledge about the health issues of the deceased and the ingredients of offence under Section 105 of BNS does not attract against the petitioner. The petitioner was arrested on 24.11.2025 and since then he has been in judicial custody. The entire investigation is completed since the offence took place on 17.11.2025. Hence, prays to enlarge the petitioner on bail.
5. Learned Assistant Public Prosecutor would submit that the there are serious accusations against the petitioner herein that due to his acts, the husband of complainant died. Investigation is at nascent stage and more material is to be collected. If the petitioner is enlarged on bail at stage, there is every possibility of threatening the witnesses and hamper the evidence. Hence, prays to dismiss the petition.
6. A perusal of material on record goes to show that there are serious accusations against the petitioner herein that he went to the house of complainant and took quarrel with the complainant and pushed her. When the deceased and her son tried to rescue her, the accused hold the throat of the deceased and chocked him knowing well he is suffering with heart problem, due to which, the deceased went unconscious and died while undergoing treatment. Learned Assistant Public Prosecutor would submit that investigation is at nascent stage. Hence, this Court is not inclined to grant bail to the petitioner at this stage.
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7. Accordingly, the Criminal Petition is dismissed.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________
DR.VENKATA JYOTHIRMAI PRATAPA, J Date: 09.02.2026 ARB
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 427 of 2026
09.02.2026
ARB