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2026 DAILYLAW 15561 (AP)

Battula Narayana Rao v. The State of Andhra Pradesh

CRLP/578/2026 · 2026-02-04

Venkata Jyothirmai Pratapa

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[33^ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Ifl THURSDAY, THE FIFTH DAY OF FEBRUARY \ TWO THOUSAND AND TWENTY SIX iPRESENT: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 578 OF 2026 Between: Battula Narayana Rao, S/o. Pydisetti, Aged about 33 years, R/o. Jonnavalasa Village, Vizianagaram District, Andhra Pradesh. .... Petitioner/Accused AND The State of Andhra Pradesh, Through Sub-Inspector of Police Muvvalavanipalem , Police Station, Visakhapatnam District, Rep. by its Public Prosecutor High Court of Andhra Pradesh,at Amaravathi .... Respondent/Complainant Petition under Section 480 & 483 of BNSS is filed, praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioner/accused on bail in connection with C.C. No. 2724 of 2021 on the file of the IV Additional Chief Judicial Magistrate, Visakhapatnam, by exercising its powers under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on such terms and conditions as this Hon'ble Court may deem fit and proper in the circumstances of the case, and thus render 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 V.N.V.SURYA DATTU Advocate for the Petitioner, Assistant Public Prosecutor for the respondent and the Court made the following. ORDER 2 THfE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 578 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/accused, seeking regular bail in C.C.No.2724 of 2021 on the file of the learned IV Additional Chief Judicial Magistrate, Visakhapatnam, for the offences under Section 420 IPC. Case of the prosecution, in brief, is that on 17.11.2020 at 21.00 2. hours, the complainant lodged report stating that the accused introduced himself as Secretary of Yatha caste association and further board member of CBM School, Bheemili, Visakhapatnam and promised him to arrange a outsourcing job to the complainant in CBCNC Schools and took Rs.2,20,000/- from him. Likewise, two others also paid amounts to the accused. When the complainant asked about money, the accused gave one cheque, which he did riot observe properly. Finally, the complainant lodged report. Heard Sri V.N.V.Surya Dattu, learned counsel for the petitioner and 3. Mrs. K. Priyanka Lakshmi, learned Assistant Public Prosecutor, representing the State/Respondent. Learned counsel for the petitioner would submit that the petitioner is 4. facing trial for the offence under Section 420 IPC in C.C.No.2724 of 2021 on 3 the file of the learned IV Additional Chief Judicial Magistratt Visakhapatnam. It is further submitted that the petitioner is suffering from kidney issues, due to which, he could not appear before the Court on 26.11.2025 and the learned Judge issued NBW against the accused. Because of miscommunication from the counsel, the petitioner could not appear before the Court. On executing on NBW, the petitioner was arrested on 03.12.2025 and since then he has been in judicial custody. Learned counsel for the petitioner would further submit that the petitioner is ready to furnish sureties to the satisfaction of the Court and also assure his presence in the proceedings and hence, finally prays to allow the petition. 5. Learned Assistant Public Prosecutor opposed the petition and would submit that the Court may pass appropriate orders. 6. Considering the submissions made and fair look at the material placed on record, when the matter is coming for issuance of summons to the witnesses 2 to 6, the petitioner failed to appear before the court on 26.11.2025, on which, NBW has been issued against the petitioner. Though it is a case of jump bail, there is no possibility of concluding trial within a reasonable time and considering the period of detention of the petitioner in judicial custody since 03.12.2025, it is apposite to release the petitioner on bail on the following conditions. i. Petitioner/Accused shall be released on bail on his executing a personal bond for Rs.20,000/- (Rupees twenty thousand only) 4 with two sureties for a like sum each to the satisfaction of the learned IV Additional Chief Judicial Magistrate, Visakhapatnam. On release, the Petitioner/Accused No.3 shall appear before the Station House Officer, concerned, once in a week i.e., on every Sunday, between 10.00 a.m. and 05.00 p.m., till filing of charge sheet. The petitioner/Accused shall appear before the Court for each and every adjournment till completion of trial, unless there is any medical emergency supported by a petition. The learned Judge consider the absence of the petitioner on any particular day Ml. may for medical reason on filing of an appropriate application. Accordingly, the Criminal Petition is allowed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand 7. closed. SD/-G.HELAhJAIDU DEPUTY REGISTRAR //true copy// SECTION O To, 1. The IV Additional Chief Judicial Magistrate, Visakhapatnam. 2 The Superintendent, Visakhapatnam Central Jail. 3 The SHO. Muvvalavanipalem , Police Station, Visakhapatnam . On» rr to SRI V N V.SURYA DATTU Advocate [OPUC] 4. OneCCto SRL^^^^ nigh Coed of Andhra Pradesh 5. Two CCS to [OUT] 6. One spare copy ksr HIGH COURT DR.VJP, J DATED:05/02/2026 BAIL ORDER I CRLP.No.578 of 2026 ALLOWED