r-. IN THE HIGH COURT OF ANDHRA PRADESH AT AMArX WEDNESDAY, THE FOURTH DAY OF FEBRUARY, TWO THOUSAND AND TWENTY SIX : PRESENT: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA ^ CRIMINAL PETITION NO: 537 OF 2026 Vi >2 f/ ?v. Between: 1. Samanthula Ajay Surya @ Bessie, S/o. Srinivas, Male, Aged about 29 years, Occ: Painting work, R/o. 13-12-1/3, Pension Line, Eluru Town, Eluru District. 2. Lankapalli Balakrishna @ Balu, S/o. Simhachalam, Male, Aged about 29 years, Occ; Mason, R/o. 17-12-12/2, Near Ramalayam Temple, Lakshmivarapupeta, Eluru Town, Eluru District. Petitioners/Accused No.2 & 3 AND State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court Andhra Pradesh, at Amaravati. of Respondent Petition under Section 480 & 483 of BNSS., is filed praying that in the circumstances stated in the grounds filed in support of the petition, the High Court may be pleased to grant Regular Bail to him in connection with Crime No. 249 of 2025 of Eluru Rural Police Station, Eluru District in the interests of justice. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri. PATHURI SRINIVAS, Advocate for the PROSECUTOR, for the Respondent; The Court made the following: Petitioner and of PUBLIC 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 537 OF 2026 ORDER:- The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioners/Accused Nos.2 and 3 bail in Crime.No.249 of 2025 of Eluru Rural Police Station, Eluru District, registered against the Petitioners herein for the offences punishable under Sections 103(1), 351 (3) r/w 3(5) of BNS and Section 61 (2) of BNS. on 2. Heard Mr. Srinivas Pathuri, learned counsel for the petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor, representing the State/Respondent. Perused the record. 3. The case of the prosecution, in brief, is that on 31.08.2005 at 2.00 p.m., accused No.1 in the crime who is a resident of Indiramma colony called the deceased Rajesh while he was inside the house, and took him away and soon after the neighbor of Satish shouted that Rajesh was being killed, and thereafter the daughter of the defacto complainant Sanjana, rushed out and saw accused No.1 attacking her father, and thereupon she shouted that accused No.1 was killing her father. Immediately, the defacto complainant who is the wife of the deceased Rajesh and her son and one Nagamani 3 I rushed out and witnessed accused No.1 stabbing and hacking the deceased with a knife on his neck, chest and head, and when the daughter of the deceased complainant and her daughter by warning that he would kill them if they come closure to him and thereafter accused No.1 and his associates fled away from that place in a white car with the word ‘YUVA’ written on its read side and when the co-sister of the defacto complainant by name Ratnam tried to stop them, they drove the car towards her, but she narrowly escaped, and thereafter the deceased was shifted to Government Hospital, Eluru, where he was declared dead. 4. Learned counsel for the Petitioners/Accused Nos.2 and 3 would submit that the petitioners/accused Nos.2 and 3 that as per the remand report and as per the main report given by the defacto complainant, there is no whisper about the presence of the petitioners in the alleged scene of offence and his participation in the commission of the offence, and that the petitioners are unnecessarily implicated in the present case. It is further submit that the investigation is completed and charge sheet is also filed and therefore the petitioners/accused Nos.2 and 3 may be enlarged on bail. The petitioners were arrested on 10.09.2025 and since then they have been in judicial custody. Learned counsel would finally prayed to enlarge the Petitioners on bail. • 4 5. Learned Assistant Public Prosecutor would submit that there i conspiracy among all the accused persons including the petitioner herein and there is clear material against the petitioner also who accused No.1 in killing the deceased, and therefore for the IS conspired with reason that the charge sheet is filed, the petitioners cannot be enlarged on bail and hence, the petition may be dismissed. 6. Considering the period of detention undergone by the petitioners/Accused Nos. 2 and 3 in judicial custody for the past 144 days fact that the Court below granted regular bail to Accused Nos. the 5 and 6 in CrI.M.P. No. 780 of 2025 dated 01.12.2025 in the same crime, the completion of the investigation and filing of the charge sheet, and the nature and gravity of the allegations levelled against the petitioners as well as their alleged roles in the case, this Court is inclined to enlarge the petitioners on bail. 1 I I 7. In the result, the criminal petition is allowed, subject to the following stringent conditions. The Petitioners/Accused Nos.2 and 3 shall be enlarged c.. bail subject to they executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each for the like sum each to the satisfaction of the learned Special Judicial Magistrate of First Class-cum-Excise, Eluru. ii. The Petitioners/Accused Nos.2 and 3 shall appear before the Station House Officer, Eluru Rural Police Station, Eluru District thrice in a week i.e., on every Monday, Wednesday and Saturday in between 10:00 am and 05.00 taken by the learned the Trial Court. I. on pm, till cognizance is 5 i iii. The Petitioners/Accused Nos.2 and 3 shall appear before the concerned Court on each and every adjournment without fail, iv. The Petitioners/Accused Nos.2 and 3 shall not commit or indulge in commission of any offence in future. The Petitioners/Accused Nos.2 and 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 or to any police officer, vi. The Petitioners/Accused Nos.2 and 3 shall surrender their passport, if any, to the concerned Magistrate Court. If they claim that they do not have a passport, they shall submit an affidavit to that effect to the concerned Magistrate Court, vii. It is made clear that the Petitioners shall scrupulously comply with the above conditions and breach of any of the above conditions will be viewed seriously and prosecution is at liberty to move an application for cancellation of the bail. V. f SDI- G.HELANAIDU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER 1. The Iv Additional Civil Judge (Junior Division),SPL cum Special Judicial Magistrate of First Class Excise, Eluru. 2. The Superintendent, District Jail, Eluru. 3. The Station House officer, Eluru Rural Police Station, Eluru District. 4. One CC to Sri. PATHURI SRINIVAS, Advocate [OPUC] 5. Two CCsto PUBLIC PROSECUTOR, High Court of A.P. [OUT] 6. One spare copy To, JSS \ L , HIGH COURT •,.v DR.VJP, J DATED:04/02/2026 BAIL ORDER W* <,oj CRLP.No.537 of 2026 c=» ro c/> i ALLOWED