1 APHC010098762026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1527/2026 Between: 1. KADIYALA SIVA KALYAN, S/O VENKATA RAMANAAGED ABOUT 31 YEARS, OCC BUSINESS,R/O D.NO.20/857-2, RADHAKRISHNA NAGAR,KADAPA TOWN. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PUBLIC PROSECUTOR,HIGH COURT BUILDINGS, AMARAVATHI. ...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 Court may be pleased to enlarge the Petitioner on regular bail in Cr.No.10 of 2026 on the file of the Kadapa I Town U/G Police Station, Kadapa District and pass Counsel for the Petitioner/accused: 1. V R REDDY KOVVURI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1527 OF 2026 ORDER:- The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.1 on bail in Crime No.10 of 2026 of Kadapa I Town U/G Police Station, Kadapa District, registered against the Petitioner/Accused No.1 herein for the offences punishable under Sections 118(2), 125(b), 288, 105 of BNS and Section 9-B of Explosives Act, 1994 and Sections 30 and 76 of A.P. Police Act. 2. The case of the prosecution is that on 22.01.2026, during the Srirama Mahashobha Yatra, the committee members of Srirama Mahashobha Yatra, negligently burst an aerial firecracker at Seven Roads Circle, Kadapa, which caused severe injuries to the deceased and his intestines came out and died. In this connection, a case was registered. During the course of investigation, on 25.01.2026 the Inspector of Police, Kadapa arrested the petitioner and sent him to judicial remand and seized country-made crackers (rocket). 3. Heard Mr.V.R.Reddy Kovvuri, learned counsel for the petitioner and Ms. K.Sandeep, learned Assistant Public Prosecutor representing the respondent/State. Perused the record. 3 4. The learned counsel for the petitioner would submit that there is no negligent act of the petitioner in bursting aerial firecrackers during the procession and that there was neither intention nor knowledge on the part of the petitioner to cause the death of the deceased. He is the sole breadwinner of his family. The petitioner undertakes to abide by any condition that this Court may impose while granting bail to the petitioner. 5. The learned Assistant Public Prosecutor, strenuously opposed the grant of bail, contending that the investigation is still underway and several material witnesses are yet to be examined. It is submitted that enlargement of the petitioner on bail at this stage would seriously hamper the progress of the investigation and may result in non-cooperation from the petitioner. The prosecution further apprehends that the petitioner, if released, may influence the witnesses, thereby obstructing the course of investigation. It is also urged that there exists a real and imminent risk of the petitioner absconding and evading the due process of law. and it is urged to dismiss the bail petition. 6. As seen from the record, the allegations against the petitioner/accused No.1 are that during Sri Rama Maha Shobha Yatra, the petitioner along with some other members of the procession committee ignited aerial firecrackers, one of which struck the deceased and caused severe black injuries. The petitioner was arrested on 25.01.2026. He has been in the judicial custody for the past 38 days. The substantial portion of the investigation in so far the 4 involvement of the petitioner is concerned is completed. The petitioner is permanent resident of Kadapa Town. The petitioner has got fixed abode. The period of custodial interrogation is completed. 7. Considering the facts and circumstances of the case, nature and gravity of allegation levelled against the petitioner, his alleged role played in this case, and the period of detention undergone by the petitioner, this Court is inclined to enlarge the petitioner on bail. 8. In the result, the criminal petition is allowed, subject to the following stringent conditions. i. The Petitioner/Accused No.1 shall be enlarged on bail subject to he 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 I Additional Judicial Magistrate of First Class, Kadapa. ii. The Petitioner/Accused No.1 shall appear before the Station House Officer, Kadapa I Town U/G Police Station, Kadapa District once in a week i.e., on every Saturday in between 10:00 am and 05:00 pm, till filing of charge sheet. iii. The Petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future. iv. The Petitioner/Accused No.1 shall not, directly or indirectly, make any inducement, threat or promise to any person 5 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. v. The Petitioner/Accused No.1 shall surrender his passport, if any, to the concerned Magistrate Court. If he claim that he do not have a passport, he shall submit an affidavit to that effect to the concerned Magistrate Court. vi. It is made clear that the Petitioner No.1 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. As a sequel thereto, the miscellaneous petitions pending, if any, shall stand closed. __________________________________ DR.VENKATA JYOTHIRMAI PRATAPA, J Date: 05.03.2026 S D P 6 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1527 OF 2026 05.03.2026 S D P