APHC010077412026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL APPEAL NO: 105/2026 Between: 1. GUNJI GOPI RAJU, S/O TIRUPATHI RAO,AGED ABOUT 25 YEARS,CASTE VADDERARESIDENT OF OBULAPURAM VILLAGE,REDDIGUDEM MANDAL, NTR DISTRICT. ...APELLANT AND 1. THE STATE OF ANDHRA PRADESH, REDDIGUDEM POLICE STATION,NTR DISTRICT,REP. BY THE PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH,AMARAVATI, GUNTUR DISTRICT. 2. MODUGU SWARNA LATHA, D/O MODUGU RAMBABU,AGED ABOUT 22 YEARS.CASTE MADIGA SCHEDULED CASTE,RESIDENT OF SIDDHARTHANAGAR VILLAGE,NUZVID MANDAL,ELURU DISTRICT. ...RESPODENT(S): Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High Court may be pleased to may be pleased to enlarge the Petitioner/Accused No.1 by granting him bail in Crime No. 150 of 2025 of Reddigudem Police Station, NTR District, by setting aside the orders in CrI.M.P.No. 46 of 2026 on the file of Honble Special Judge for Trial of Cases under SCc and STs (POA) Act, 1989-cum-X- Additional Sessions Judge, Krishna, Machilipatnam as he is taken into Judicial custody on 22.12.2025 upon his surrender, and pass such IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to dispense with the filing of certified copies of copies of Orders in CrI.M.P.No. 46 of 2026 on the file of Hon’ble Special Judge for Trial of Cases under SCc & STs 2 (POA) Act, 1989-cum-X- Additional Sessions Judge, Krishna, Machilipatnam and FIR /Crime No. 150 of 2025 of Reddigudem Police Station, NTR District against the Petitioner/ Accused No.1, and to pass such Counsel for the Appellant: 1. GOLLAMUDI NAGASATYANARAYANA Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR The Court made the following: 3 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI CRIMINAL APPEAL No.105 of 2026 JUDGMENT: Heard Sri G. Naga Satyanarayana, learned counsel for the appellant/A-1, and Sri Neelothpal Ganji, learned Assistant Public Prosecutor representing the 1st respondent–State. None appeared for the 2nd respondent/de facto complainant. 2. The appellant/A-1 preferred the present appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, challenging the order dated 27.01.2026 passed in Crl.M.P.No.46 of 2026 connected with Crime No.150 of 2025 of Reddigudem Police Station, on the file of the learned Special Judge for Trial of Cases under SCs & STs (POA) Act, 1989 – cum – X Additional District Judge, Krishna at Machilipatnam. 3. The appellant is Accused No.1 in the above case. 4. The learned Special Judge refused to release the appellant/A-1 on bail for the offence punishable under Section 3(2)(va) of the SC/ST (POA) Act and Section 69 of the BNS. 5. Sri Neelothpal Ganji, learned Assistant Public Prosecutor representing the 1st respondent–State, submitted that the 2nd respondent/de facto complainant was intimated under Section 4 15-A of the SC/ST (POA) Act, 1989 on 08.02.2026. However, none appeared for the 2nd respondent/de facto complainant. 5. The learned Special Court refused bail on the ground that the investigation was still pending. 6. The learned Assistant Public Prosecutor further submitted that, as on date, the investigation has been completed, and the police have laid the charge sheet before the learned Special Court on 05.02.2026. 7. Learned counsel for the appellant/A-1 submitted that the appellant/A-1 is innocent, and has been falsely implicated in the case. It is further submitted that the appellant/A-1 may be released on bail pending trial. 8. Considering the above facts and circumstances of the case, and in view of the fact that the investigation has been completed, and the presence of the appellant/A-1 is no longer required for the purpose of investigation, this Court is of the considered opinion that the order of the learned Special Court is liable to be set aside by allowing the appeal. 9. Accordingly, the Criminal Appeal is allowed. The impugned order dated 27.01.2026 passed by the learned Special Judge for Trial of Cases under SCs & STs (POA) Act, 1989 – cum – X Additional District Judge, Krishna at Machilipatnam, in Crl.M.P. No.46 of 2026 is 5 set aside. The appellant/A-1 shall be released from judicial custody, subject to the following conditions: i. The appellant/A-1 shall execute a personal bond for Rs.20,000/- (Rupees Twenty Thousand only) with two sureties for a like sum each, to the satisfaction of the learned Special Judge for Trial of Cases under SCs & STs (POA) Act, 1989 – cum – X Additional District Judge, Krishna at Machilipatnam. ii. The appellant/A-1 shall not leave the country without prior permission of the Court. iii. The appellant/A-1 shall not intimidate or harass the victim or her family members in any manner. iv. If the appellant/A-1 violates any of the above conditions, the prosecution is at liberty to file an application seeking cancellation of bail. As a sequel thereto, interlocutory applications, if any, pending in this Criminal Appeal shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI 24th February, 2026 cbn 6 16 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI CRIMINAL APPEAL No.105 of 2026 24th February, 2026 cbn