APHC010717742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] TUESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL APPEAL NO: 28/2026 Between: 1. TADI DURGA KOTESH ALIAS SIDDA KOTESH, S/O.VASU, AGED 25 YEARS,R/O.D.NO.12-115, RAGHUDEVAPURAM VILLAGE SEETHANAGRAM MANDAL, E.G.DT. 2. SURI LAKSHMANRAO ALIAS LAKSHMAN, S/O.NARASIMHA MURTHY, AGED 26 YEARS,R/O.RAGHUDEVAPURAM VILLAGE,SEETHANAGARAM MANDAL, E.G.DT. ...APPELLANT(S) AND 1. THE STATE OF ANDHRA PRADESH, THROUGHSTATION HOUSE OFFICER, SEETHANAGARAM POLICE STATION,REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. 2. MANUPATI DURGA PRASAD, S/O.ABBULU,AGED ABOUT 35 YEARS. RESIDENT OF RAGHUDEVAPURAM VILLAGE SEETHANAGARAM MANDAL, E.G.DT. ...RESPONDENT(S): Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High Court may be pleased to pleased to enlarge the appellants/accused No.1 and 2 on bail in Crime No. 168 of 2025 2 of Seethanagaram Police Station, East Godavari District, investigation is completed and allow this appeal and pass 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 filing the certified copy of the Order dated .22.12.2025 passed in CrI.M.P.No.1290/2025 on the file of the Special Judge for Trial of Cases under S.Cs and S.Ts (P.O.A) Act Cum X Additional District Judge, Rajamahendravaram, in the interests of justice and pass such IA NO: 2 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 enlarge the appellants/accused No.1 and 2 on bail in Crime No. 168 of 2025 of Seethanagaram Police Station, East Godavari District, investigation is completed and allow this appeal and pass such Counsel for the Appellant(S): 1. Y SUDHAKAR 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: 28 of 2026 J U D G M E N T: Heard Sri Y.Sudhakar, learned counsel for the appellants/A1 and A2 and Sri P.Somayaji, learned Additional Public Prosecutor representing the State/R1. 2. Learned Additional Public Prosecutor would submit that notice was taken to victim as required under Section 15(A) of the SCs & STs (PoA) Act, 2015 on 21.01.2026, no one filed vakalat representing for the complainant/victim/R2. No objections filed for the victim opposing the appeal. 3. The appeal is filed under Section 14-A of the SCs & STs (PoA) Act r/w Section 480 of B.N.S.S., 2023 challenging the order dated 22.12.2025 passed in Crl.M.P.No.1290 of 2025 in Crime No.168 of 2025 of Seethanagaram Police Station, East Godavari District. 4. Learned counsel for the appellants/A1 & A2 would submit that the appellants/A1 & A2 were arrested on 13.10.2025 for the offence punishable under Sections 74, 115(2), 351(2) r/w 3(5) of B.N.S., 2023 and Sections 3(1)(r)(s), 3(2)(va) of SCs & STs (PoA) 4 Amendment Act, 2015 in Crime No.168 of 2025 of Seethanagaram Police Station, East Godavari District. The appellants/A1 & A2 are in prison from the date of arrest i.e., more than 100 days. Investigation in the case has been completed. Charge sheet was filed on 27.10.2025. The learned Trial Court dismissed the application under the impugned order on the ground that the appellants/A1 & A2 involved in another crime of similar nature, and therefore, filing of charge sheet is not a ground to consider the bail. 5. He would further submit that earlier offence is under Section 324 of I.P.C. a bailable offence. Further, police issued notice under Section 41-A Cr.P.C. for that offence, and therefore, that offence will not come in the way of granting bail in the present case, but the learned trial Court erroneously dismissed the bail application, though there is a fit case releasing the accused/A1 & A2 on bail. 6. Learned Additional Public Prosecutor would concede that earlier offence is punishable under Section 324 of IPC and police issued notice to the appellants/A1 & A2 under Section 41-A Cr.P.C. and charge sheet was also filed. 5 7. Considering the above facts and circumstances, this Court is of the considered opinion that the order of the learned Trial Court on the ground that earlier accused/A1 & A2 involved in similar offence is erroneous, and is liable to be set aside. 8. In the result, the Criminal Appeal is allowed. The order dated 22.12.2025 passed in Crl.M.P.No.1290 of 2025 on the file of the learned Special Judge for Trial of Cases under SCs & STs (PoA) Act-cum-X Additional District Judge, Rajamahendravaram, connected with Crime No.168 of 2025 of Seethanagaram Police Station, East Godavari District is set aside. The appellants/A1 & A2 shall be enlarged on bail subject to the following conditions. i) The appellants/A1 & A2 shall be enlarged on bail, on executing a personal bond for Rs.20,000/- (Rupees Twenty Thousand only) each, with two (02) sureties for a like sum each, to the satisfaction of the learned Special Judge for Trial of Cases under SCs & STs (PoA) Act-cum-X Additional District Judge, Rajamahendravaram. ii) The appellants/A1 & A2 shall not leave the country without permission of the learned Special Court. iii) The appellants/A1 and A2 shall not intimidate or annoy the victim or his family members in any manner. 6 iv) If the appellants/A1 & A2 violate any of the above conditions, the prosecution is at liberty to file an application before the concerned Special Court for cancellation of this order, on filing of such application, the concerned Special Court shall dispose of the same in accordance with law. 9. Accordingly, the Criminal Appeal is allowed. As a sequel, interlocutory applications, if any, pending shall stand closed. _______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI Dated:27.01.2026 Pmk 7 35 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI CRIMINAL APPEAL No: 28 of 2026 Date: 27.01.2026 Pmk