APHC010341242026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE 28th DAY OF JULY 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5468/2026 Between: 1. SUGALI JAGADISH NAIK, S/O. LATE S.NAGARAJA NAIK, AGED ABOUT 28 YEARS, HINDU,EMPLOYEE IN SUB REGISTER OFFICE, MANDAPALLE TOWN, NATIVE OF D.NO.10-157/1,H/O. ANGALLU VILLAGE, KURABALAKOTA MANDAL, ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED THROUGH PUBLIC PROSECUTOR AT HIGH COURT, AMARAVATHI 2. VICTIM, RESPONDENT NO.2 IS IMPLEADED AS PER THE COURT ORDER DATED 14.07.2026 IN CRL.P.NO.5468 OF 2026. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. N RANGA REDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 ORDER: The Criminal Petition has been filed under Sections 480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused on bail in Crime No.55 of 2026 of Mudiveedu Police Station, Annamayya District, registered for the alleged offences punishable under Sections 329(4), 115(2), 64(1) and 351(2) read with 62 of the Bharatiya Nyaya Sanhita, 2023 (for brevity, ‘the BNS’). 2. The averments of the case of the prosecution are that on 06‑05‑2026 at about 1.22 AM, the Petitioner/Accused allegedly trespassed into the rented house of the de‑facto complainant, caught hold of her neck, attempted to kiss her, and forcibly dragged her into the bedroom causing injuries. It is further alleged that, upon intervention of her mother, the accused declared his intention to have intercourse, attempted to assault, but sustained injury himself, and thereafter absconded when neighbours arrived. Consequently, the complainant along with elders and family members lodged a report at the police station, leading to registration of the FIR. 3. Notice on Respondent No.2 was served through the Station House Officer concerned. As there was no representation for Respondent No.2, Sri Padmanabham, learned Counsel, is appointed as legal aid counsel to the Respondent No.2. The Secretary, High Court Legal Services Committee, is directed to issue necessary proceedings in this regard. 3 4. Mr.N.Ranga Reddy, learned counsel for the Petitioner submits that the Petitioner is innocent of the alleged offence and has been falsely implicated in this case. It is further submitted that the Petitioner is the sole earning member of the family and his continued incarceration would cause undue hardship to his dependents. He is a law‑abiding citizen. He undertakes to strictly adhere to any conditions imposed by this Court. Hence, it is urged to allow the Criminal Petition. 5. Mr.A.Sai Rohith, learned Assistant Public Prosecutor, submits that the victim did not permit the Medical Officer to conduct examination to ascertain whether she was subjected to rape. The Medical Officer opined that only starch marks were found on the left side of the neck and left back, and the injuries are simple in nature. Based on the statement of the victim, the Investigating Officer treated the case as one involving rape and urged to pass appropriate orders. 6. Sri Padmanabham, learned Legal Aid Counsel for Respondent No.2, argued on the same lines as the learned Assistant Public Prosecutor, and therefore urged to pass appropriate orders. 7. Heard learned counsel for the Petitioner, learned Assistant Public Prosecutor and learned Legal Aid counsel for Respondent No.2. Perused the record. 4 8. On perusal of the record, the Petitioner was arrested on 08.05.2026. He has been in judicial custody for the past 81 days. The charge sheet was filed on 01.06.2026 and PRC proceedings have also been issued. The Petitioner is a permanent resident of Angallu Village, Kurabalakota Mandal, Annamayya District. He has got fixed abode. If he is enlarged on bail with stringent conditions, he may not evade the process of law. Since the charge sheet has already been filed, there is no likelihood of the Petitioner threatening witnesses, tampering with evidence, or hampering the investigation. 9. Having regard to the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused, this Court is inclined to enlarge the Petitioner/Accused on bail with the following stringent conditions: i. The Petitioner/Accused shall be enlarged on bail subject to his executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the like sum each to the satisfaction of the learned I Additional Judicial First Class Magistrate, Madanapalle. ii. The Petitioner/Accused shall appear before the learned Trial Court on each and every adjournment without fail. iii. The Petitioner/Accused shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. 5 iv. The Petitioner/Accused shall not commit or involve in offences of a similar nature while on bail during the pendency of the trial. v. 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. vi. The Petitioner/Accused shall surrender his passport, if any, to the investigating officer. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. 10. In the result, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 28.07.2026 Note: Issue C.C. by today B/o PRA 6 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5468 of 2026 Date: 28.07.2026 Note: Issue C.C. by today B/o PRA