Borlagunta Vinod Kumar v. The State of Andhra Pradesh
CRLP/588/2026 · 2026-02-09
Venkata Jyothirmai Pratapa
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 15624 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 15624 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010038732026
IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: Between:
1. BORLAGUNTA VINOD KUMAR,, S/O VENKATESWARLU, AGED ABOUT 32 YEARS, R/O KOPPOLU ROAD, NEAR DREAMS SCHOOL, ONGOLE, PRAKASAM DISTRICT, ANDHRA PRADESH. 1. THE STATE OF ANDHRA PRADESH, rep by its Public High Court of Andhra Pradesh, Velagapudi, Amaravati, Guntur District, through SHO Ongole Taluka PS, Prakasam District, Andhra Pradesh. 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 the petitioner on bail, who is framed as Accused No. 1 in Crime No.249/2025 of Ongole Taluka Police Station, Prakasam District Counsel for the Petitioner/accused:
1. JADA SRAVAN KUMAR Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR The Court made the following:
1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 588/2026 BORLAGUNTA VINOD KUMAR,, S/O VENKATESWARLU, AGED ABOUT 32 YEARS, R/O KOPPOLU ROAD, NEAR DREAMS SCHOOL, ONGOLE, PRAKASAM DISTRICT, ANDHRA PRADESH. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, rep by its Public Prosecutor, High Court of Andhra Pradesh, Velagapudi, Amaravati, Guntur District, through SHO Ongole Taluka PS, Prakasam District, Andhra Pradesh. ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to enlarge the petitioner on bail, who is framed as Accused No. 1 in Crime No.249/2025 of Ongole Taluka Police he Petitioner/accused:
JADA SRAVAN KUMAR Counsel for the Respondent/complainant:
PUBLIC PROSECUTOR The Court made the following:
IN THE HIGH COURT OF ANDHRA PRADESH [3396] THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA BORLAGUNTA VINOD KUMAR,, S/O VENKATESWARLU, AGED ABOUT 32 YEARS, R/O KOPPOLU ROAD, NEAR DREAMS SCHOOL, ONGOLE, PRAKASAM DISTRICT, ANDHRA PRADESH. ...PETITIONER/ACCUSED Prosecutor, High Court of Andhra Pradesh, Velagapudi, Amaravati, Guntur District, through SHO Ongole Taluka PS, Prakasam District, Andhra Pradesh.
...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to enlarge the petitioner on bail, who is framed as Accused No. 1 in Crime No.249/2025 of Ongole Taluka Police
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 588/2026
ORDER :
This Criminal Petition is filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) by the petitioner/Accused No.1 seeking grant of regular bail in connection with Crime No.249 of 2025 of Ongole Taluka Police Station, Prakasam District, registered for the offences punishable under Sections 331(5), 103(1), 351(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”).
2. Heard Sri Jada Sravan Kumar, learned counsel for the petitioner, and Smt. K. Priyanka Lakshmi, learned Assistant Public Prosecutor for the respondent-State.
3. The case of the prosecution, in brief, is that on 22.04.2025 at about 21:00 hours, a report was lodged by the complainant stating that he has been working as an attender in the house/office of the deceased for several years. On the said date, at about 7:30 PM, while the deceased was verifying liquor shop records in his office in the presence of staff members, four unknown persons entered the premises, bolted the door, and attacked the deceased with knives indiscriminately. When the complainant attempted to intervene, he was threatened at knife-point and sustained bleeding injuries. The assailants fled from the scene on motorcycles. The injured was shifted to a hospital at Ongole, where he succumbed to the injuries while undergoing treatment.
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Based on the said report, the above crime was registered and investigation was taken up.
4.
Learned counsel for the petitioner submits that the petitioner is arrayed as Accused No.1 and that there are no specific overt acts attributed to him. He would further submit that the petitioner is innocent and falsely implicated in the case. He would further submit this Court dismissed the earlier anticipatory bail application in Crl.P.No.9856 of 2025 vide Order dated 18.11.2025. He contends that the petitioner is ready to abide by any conditions imposed by this Court and to furnish sufficient sureties to secure his presence during investigation and trial.
5. Learned Assistant Public Prosecutor opposed the petition contending that the investigation is still in progress and crucial aspects such as forensic examination and finger print reports are awaited. She would further submit that there is no change in circumstances warranting reconsideration of bail and that, if released, the petitioner is likely to threaten witnesses and tamper with evidence. Hence, prays for dismissal of the bail petition.
6. Considering the facts and circumstances, since, there is no change of circumstances and in the light of the specific overt-acts attributed against the petitioner, this Court is not inclined to grant pre-arrest bail to the Petitioner/ Accused No.1.
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7. At this juncture, learned counsel for the petitioner would submit that the petition may be disposed of by granting liberty to the petitioner to surrender before the learned Jurisdictional Magistrate and to move a regular bail application, and that a direction may be issued to dispose of the said application as expeditiously as possible.
8. Considering the submissions made, the Criminal Petition is disposed of giving liberty to the petitioner/accused No.1 to surrender before the learned Jurisdictional Court concerned within one (01) week from the date of receipt of copy of this order, and move an appropriate application before the learned Jurisdictional Court concerned. The learned Jurisdictional Court concerned is
directed to dispose of the said application in accordance with law, on its own merits by giving due and sufficient opportunity to the learned Public Prosecutor concerned, and pass appropriate orders as expeditiously as possible.
As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed. ___________________________________
DR.VENKATA JYOTHIRMAI PRATAPA, J Date: 10.02.2026 KKV
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
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CRIMINAL PETITION NO: 588/2026 10.02.2026
KKV