APHC010114372026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 150/2026 Between: MOLABANTI SEKHAR BABU ALIAS SWARNA SEKHAR, S/O. RAJA RAO, AGED 41 YEARSR/O. TAILORS COLONY, PODALAKURU SPSR NELLORE DISTRICT ...APPELLANT AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITSPUBLIC PROSECUTOR, HIGH COURT BLDGS,VELAGAPUDI, AMARAVATI 2. M BALAJI NAIK, DISTRICT MINES AND GEOLOGYOFFICER, SPSR NELLORE DISTRICT 3. INDIA PADMA, W/O. LATE PULLAIAH,AGED MAJOR, R/O. VARDAPURAM GIRIJANA COLONY,TATHIPARTHI VILLAGE, PODALAKUR MANDAL,SPSR NELLORE DISTRICT, ANDHRA PRADESH 4. NIMMALA PRASANNA, D/O. ANKAIAH,AGED MAJOR R/O. VARDAPURAM GIRIJANA COLONY,TATHIPARTHI VILLAGE, PODALAKUR MANDAL,SPSR NELLORE DISTRICT, ANDHRA PRADESH 5. RAPURU SURESH, S/O. LATE SUBRAMANYAM,AGED MAJOR, R/O. VARDAPURAM GIRIJANA COLONY,TATHIPARTHI VILLAGE, PODALAKUR MANDAL,SPSR NELLORE DISTRICT, ANDHRA PRADESH ...RESPONDENT(S): Counsel for the Counsel for the Appellant: 1. YALLABANDI RAMATIRTHA Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 JUDGMENT: The present criminal appeal has been filed by the Appellant / Accused No.10 seeking to set aside the Order dated 04.02.2026 passed in Crl.M.P.No.122 of 2026 in Crime No.24 of 2025 of Podalakuru Police Station passed by the learned Special Judge for trial of offences under SCs & STs (PoA)Act-cum-V Additional District and Sessions Judge, Nellore, and to release him on bail. 2. Heard Sri Y.Ramatirtha, learned counsel for the Appellant / Accused No.10 and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for Respondent / State. 3. Learned counsel for the Appellant would submit that the Appellant is innocent of the offences alleged against him and is falsely implicated in the present case. Learned counsel would further submit that Accused No.9 in the present crime was granted bail by a Coordinate Bench of this Court vide Order dated 07.11.2025 in Criminal Appeal No.668 of 2025 and the Appellant is also on the same footing as that of Accused No.9. Learned counsel would further submit that the Appellant is ready for furnish sureties to the satisfaction of the Court and will abide by any conditions that may be imposed by the Court. Hence, prayed to enlarge the Appellant on bail. 4. Learned Assistant Public Prosecutor opposed the petition and would submit that there are specific allegations against the Appellant. It is further submitted that the investigation is at a crucial stage and the offences alleged against the Appellant are grave and serious in nature. It is further submitted 3 that there are no grounds to grant bail to the Appellant at this stage. Hence, prayed for dismissal of the appeal. 5. This Court has considered the rival submissions and perused the material on record. 6. Now the point for determination in this appeal is: Whether the Appellant is entitled for grant of bail? POINT: 7. In a petition filed for grant of bail, a detailed appreciation of evidence is not warranted, and only a prima facie view is required. Admittedly, Accused No.9 in the same crime has already been granted bail by a Coordinate Bench of this Court. The Appellant is stated to be on a similar footing, and no distinguishing circumstances have been placed by the prosecution. Though the prosecution contends that the allegations are serious and the investigation is at a crucial stage, gravity alone cannot be a ground to deny bail. The apprehension of interference with the investigation can be addressed by imposing suitable conditions. Further, there is no material to show that the Appellant is likely to abscond, and he has expressed willingness to cooperate with the investigation. In such circumstances, this Court is of the view that, continued incarceration of the Appellant would amount to pre-trial punishment and the Appellant is entitled to be released on bail. However, it is made clear that the observations made in this Appeal are with regard to granting of bail to the Appellant / Accused No.10, but not on the merits of the case. 4 8. In the result, the Criminal Appeal is allowed setting aside the Order dated 04.02.2026 passed in Crl.M.P.No.122 of 2026 in Crime No.24 of 2025 of Podalakuru Police Station passed by the learned Special Judge for trial of offences under SCs & STs (PoA)Act-cum-V Additional District and Sessions Judge, Nellore and consequently bail is granted to the Appellant / Accused No.10 on the following conditions: (i) The Appellant / Accused No.10 shall execute a personal bond for a sum of 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 offences under the SCs & STs (PoA) Act- cum-V Additional District and Sessions Judge, Nellore; (ii) The Appellant / Accused No.10 shall appear before the Investigating Officer on every Sunday between 10:00 a.m. and 5:00 p.m. until filing of the charge sheet; (iii) The Appellant / Accused No.10 shall cooperate with the investigation and furnish such information and records as may be lawfully required by the Investigating Officer; (iv) The Appellant / Accused No.10 shall not leave the State or the Country without prior permission of the Investigating Officer; (v) The Appellant / Accused No.10 shall surrender his passport before the Court and the same shall be retained till conclusion of the trial; 5 (vi) The Appellant / Accused No.10 shall not commit any offence similar to the one of which he is accused or suspected; (vii) The Appellant / Accused No.10 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 such person from disclosing those facts before the Court. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:17.03.2026 Note: Issue C.C today B/o. Dinesh 6 THE HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL No.150 of 2026 DATE:17.03.2026 Dinesh