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2026 DAILYLAW 4443 (AP)

Shaik Jabid v. The State of Andhra Pradesh

CRLP/4356/2026 · 2026-07-06

Y Lakshmana Rao

body2026

Judgment text

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Date of reserved for orders : NIL Date of pronouncement : 07.07.2026 Date of uploading : .07.2026 APHC010271332026 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: 4356 of 2026 Between: 1. SHAIK JABID, S/O.SHAIK BASHA, MALE, AGED 37 YEARS, EMPLOYEE IN GOVT. CHILDREN HOME FOR BOYS, S.V.PETA, ELURU, ELURU DIST., R/O.D.NO.16B-17-20, PUSHPALEELA NAGAR, 5 ROAD, TANGELLAMUDI, ELURU, ELURU DIST., ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, THROUGH STATION HOUSE OFFICER, DISHA WOMEN P.S., VISAKHAPATNAM, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. 2. MOHAMMED GOUSIA AFFRIN, W/O.SHAIK JABID, FEMALE, AGED 32 YEARS, R/O.SNC TYPE-3/A, RAILWAY QUARTERS, TATICHETLAPALEM, NEAR NH-16, VISAKHAPATNAM. 3. MOHAMMAD ABBAS, S/O.LATE ABDUL RAZAK, MALE, AGED 69 YEARS. RAILWAY EMPLOYEE, TYPE 3-A, RAILWAY QUARTERS, TATICHETIA PALEM, VISAKHAPATNAM. ...RESPONDENT/COMPLAINANT(S): 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 Courtleased to direct the 1st respondent/police to grant Anticipatory bail to the petitioner/accused in the event of registration of the Crime and in the event of his arrest in connection with Un-Registered Crime No. of 2026 on the file of Disha Women P.S., Visakhapatnam, and to pass Counsel for the Petitioner/accused: 1. G.V.ANAND KUMAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following Order: The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioner/Accused for granting of pre-arrest bail in connection with unregistered Crime of Disha Women Police Station, Visakhapatnam, registered for the alleged offence punishable under Section 85 of Bharatiya Nyaya Sanhita, 2023 and Section 3 and 4 of Muslim Women Protection of Rights on Marriage Act, 2019. 2. Sri G.V.Anand Kumar, the 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 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, the learned counsel prays that the present petition be allowed in the interest of justice. 3. Per contra, Mr.K. Sandeep, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the Petitioner, submitting 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 he may abscond, thereby hampering the ongoing investigation and evading the process of law. Investigation is not yet completed. 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. 5. Perused the record. 6. The Petitioner is a dumb and deaf person and working as a Teacher in Children Home for Boys, Eluru. There is no case registered against the Petitioner so far. The father in-law of the Petitioner has lodged a complaint against the Petitioner. The Police have asked the Petitioner to appear for preliminary enquiry for counseling. 7. Learned Assistant Public Prosecutor would submit that the Petitioner has not turned to the Police Station for attending preliminary enquiry or counseling. 8. Sri G.V.Anand Kumar, learned counsel for the Petitioner submits that since February-2026, the Police calling the Petitioner to Police Station. 9. The remedy of the Petitioner is elsewhere, as of now no case registered against the Petitioner. The apprehension that he would be arrested by the Petitioner is misplaced. 10. 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