APHC010693082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY, THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 13246/2025 Between: Chukka Appalaraju and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. J RAVI KUMAR Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 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 Petitioners/Accused Nos.1 and 2 on bail in Crime No.234 of 2025 of Anandapuram Police Station, Visakhapatnam Commissinerate, registered against the Petitioners/Accused Nos.1 and 2 herein for the offence punishable under Section 109(1) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). 2 2. Heard the learned counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the record. 3. As seen from the record, this is the second bail application filed by the petitioners seeking their release on bail. This Court, by order dated 09.12.2025 in Crl.P.No.11978 of 2025, dismissed the first bail application on the ground that the investigation was pending. The petitioners were arrested on 06.10.2025 and have been in judicial custody for the past 91 days. The charge sheet has not yet been filed. L.W.1 sustained a simple injury, whereas L.W.10 sustained a grievous injury. The petitioners are permanent residents of Sontayam Village, Anandapuram Mandal, Visakhapatnam District, and have a fixed place of abode. Therefore, the petitioners are entitled to seek default bail under Section 187 of ‘the BNS.,’/Section 167(2) of ‘the Cr.P.C’. If the petitioners are enlarged on bail with stringent conditions, there is no likelihood of their absconding or evading the process of law, as they have a fixed abode. The contention that the accusations against the petitioners are well-founded, as there are eyewitness statements alleging that the petitioners high-handedly caused grievous hurt, may sound convincing. However, the proof is in the pudding, inasmuch as the accused are presumed to be innocent until their guilt is proved. 4. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioners/Accused Nos.1 and 2, this Court is inclined to enlarge the Petitioners/Accused Nos.1 and 2 on bail. 3 5. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioners/Accused Nos.1 and 2 shall be enlarged on bail subject to they executing bond for a sum of Rs.10,000/- (Rupees ten Thousand Only), with two sureties for the like sum to the satisfaction of the learned XV Additional Metropolitan Magistrate, Visakhapatnam. ii. The Petitioners/Accused Nos.1 and 2 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet. iii. The Petitioners/Accused Nos.1 and 2 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The Petitioners/Accused Nos.1 and 2 shall not commit or indulge in commission of any offence in future. v. The Petitioners/Accused Nos.1 and 2 shall cooperate with the investigating officer in further investigation of the case and shall make themselves available for interrogation by the investigating officer as and when required. vi. The Petitioners/Accused Nos.1 and 2 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. _________________________ DR. Y. LAKSHMANA RAO, J Date: 05.01.2025 KMS 4 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 13246 of 2025 Date: 05.01.2026 KMS 5