Date of reserved for orders : NIL Date of pronouncement : 07.07.2026 Date of uploading : .07.2026 APHC010326422026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE 7th DAY OF JULY 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5233 OF 2026 Between: 1. SHAIK SHAKEEL, S/O. KHAJA MOHIDDIN, AGED ABOUT 30 YEARSMUSLIM, BUSINESS, DOOR NO. 9/407, AGADI STREET, NEAR HUSSAINEYA MASJID,PRESENTLY RESIDENT OF VARTHA OFFICE BACK SIDE, VAKKALAPETA, KADAPA, YSRKADAPA. REP.BY. SHAIK MD NAWAZ AHMED, S/O. SHAIK MD AMEER JAN, C ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, ,Rep.by.its State Public Prosecutor, through SHO, Kadapa II TOWN PS, Kadapa ...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 pleased to direct the Petitioner/Accused.No.36 be released on bail in connection with Crime No.59/2026 dated 10.05.2026 on the file of Kadapa-II Town Police Station AND/OR pass Counsel for the Petitioner/accused: 1. DHEERA KANISHKA 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 Petitioner/Accused No.36 on bail in Crime No.59 of 2026 of Kadapa II Town Police Station, Kadapa District, registered against the Petitioner/Accused No.36 herein for the offences punishable under Sections 189(3), 191(2), 191(3), 189(5), 192, 196(1)(a)(b), 197(1)(c), 132, 121(1), 109(1), 61(2), 49, 353(1)(b)(c)(2), 147, 111(1) read with 190 and 48(2) of Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’) read with Section 3 of Prevention of Damage to Public Property Act, 1984 (for brevity ‘PDPP Act’). 2. Mr. Dheera Kanishka, learned counsel for the Petitioner submits that the Petitioner is an innocent of the alleged offence and he has been falsely implicated by the Police. It is further submitted that the name of the Petitioner is not found in the confession statement given by Accused Nos. 1 to 3. The Petitioner is a mechanic; his house is at 200 meters away from the alleged scene of offence. Petitioner has been in judicial custody for the past 44 days. He was only a member of WhatsApp group. Sufficient portion of investigation is completed. Accused No.24 enlarged by the learned Trial Court on 06.07.2026. There are no similar antecedents recorded against the Petitioner. The Police in a pick and choose manner arrested only Accused Nos. 1 to 3, 34 to 38 and they have not arrested the other Accused. It is further submitted that the Petitioner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. The Petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, learned counsel prays that the present petition be allowed in the interest of justice. 3. Per contra, Mr.K.Sandeep, learned Assistant Public Prosecutor vehemently opposed the grant of bail to the Petitioner, submits that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the Petitioner is released on bail at this stage, there is a strong likelihood that they may abscond, thereby hampering the ongoing investigation and evading the process of law. It is further submitted that the Petitioner and other persons have formed into an unlawful assembly, pelted stones on police personnel and caused grievous injuries. Investigation is at nascent stage. Some more material witnesses have to be examined. In view of the foregoing submissions, it is urged that the petition be dismissed. 4. Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. 5. No doubt, there are no similar adverse antecedents reported against the Petitioner. The Petitioner is a mechanic; his house is situated 200 meters away from the alleged scene of offence. The allegation against the Petitioner is that the Petitioner had conspired with other Accused, formed into an unlawful assembly with deadly weapons and caused damage to the public property and also caused grievous injuries to the Police personnel by pelting stones. So far, 60 witnesses are examined. Investigation is at crucial stage. Some more material witnesses have to be examined and other Accused are at large. 6. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.36, this Court is not inclined to enlarge the Petitioner/Accused No.36 on bail at this juncture. 7. In the result, the Criminal Petition is dismissed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 07.07.2026 KK Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No