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2026 DAILYLAW 2642 (AP)

Dhanukonda Durgayya v. The State of Andhra Pradesh

CRLP/4507/2026 · 2026-05-27

Balaji Medamalli

body2026

Judgment text

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APHC010282602026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3573] THURSDAY, THE TWENTY EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI CRIMINAL PETITION NO: 4507/2026 Between: Dhanukonda Durgayya ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. N SIVA REDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI CRIMINAL PETITION NO: 4507/2026 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 on bail in Crime No.37 of 2026 of Biccavole Police Station, Rangapuram Village, East Godavari District, registered against the Petitioner/Accused for the offences punishable under Section 103(1) of BNS. 2. The case of the prosecution is that on 19.02.2026 at about 1:00 am the complainant, being the brother of the deceased, approached the police and gave a report stating that the marriage of the deceased and the accused took place about 12 years ago, and they blessed with two sons. Due to marital disputes, they started living separately. About three months prior to the date of incident, the accused allegedly forced the deceased to vacate her house, after which she started residing near her parental house along with her children. On 18.2.2026 at about 11:30 pm, the complainant received information from a relative that the petitioner/accused, suspecting the character of 3 the deceased and being in an intoxicated condition, had quarreled with the deceased and assaulted her. When the complainant and others reached near the house of lavaraju, they found the deceased lying near the gate with bleeding head injuries. She was shifted to a doctor for treatment, where she was declared brought dead. Basing on the report lodged by the complainant, a crime was registered, and during investigation, the accused was arrested and remaned to judicial custody. 3. Heard learned counsel for the petitioner/Accused and learned Assistant Public Prosecutor representing the respondent/State. Perused the record. 4. Learned counsel for the petitioner/Accused would submit that the statutory period of 90 days as prescribed under Section 187(3) of Cr.P.C. has expired, and till date no charge sheet has been filed. Therefore, the petitioner is entitled to be released on default bail. 5. On the other hand, learned Assistant Public Prosecutor submits that the entire investigation has been completed and that the charge sheet has to be filed. 4 6. Having regard to the facts and circumstances and considering the submissions made by the learned counsel for the petitioner/Accused and learned Assistant Public Prosecutor, and in view of the fact that the statutory period of 90 days has elapsed, within which no charge sheet is filed, this Court is of the view that it is a fit case to enlarge the petitioner/Accused on bail. 7. In the result, the criminal petition is allowed, subject to the following stringent conditions. i. The Petitioner/Accused shall be enlarged on bail subject to he executing 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 Judicial Magistrate of First Class, Anaparthi. ii. The Petitioner/Accused shall appear before the Station House Officer, Biccavole Police Station, East Godavari District, once in a week ie., on every Sunday in between 10:00 am to 5:00 pm, for a period of three months or till filing of charge sheet, whichever is earlier. iii. The Petitioner/Accused shall not commit or indulge in commission of any offence in future. 5 iv. The Petitioner/Accused 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 him/her from disclosing such facts to the court or to any police officer. v. It is made clear that the Petitioner 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. ____________________ BALAJI MEDAMALLI,J Date: 28.05.2026 ANS 6 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI CRIMINAL PETITION NO: 4507/2026 Date: 28.05.2026 ANS