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2026 DAILYLAW 7606 (AP)

Bollimuntha Umamaheswara Rao v. The State of Andhra Pradesh

CRLP/6796/2026 · 2026-08-13

Y Lakshmana Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010413352026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE 14^^ DAY OF AUGUST 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6796 OF 2026 Between: 1. Bollimuntha Umamaheswara Rao, ,S/o. Koteswara Rao, Aged about 39 years, Resident of Door No. 1-1, Ganganammapet, Chadalawada Village, Vemuru Mandal, Bapatia District, Andhra Pradesh. 2. Gajula Venkata Praveen Kumar, ,S/o. Ramaiah, Aged about 32 years. Resident of Door No. 2-00,Kuchellapadu Village, Vemuru Mandal, Bapatia District, Andhra Pradesh. 3. Dasari Ramakrishna, S/o. Samabsiva Rao, Aged about 49 years. Resident of Door No.6-95| Library Road Pedaravuru Village, Tenali Mandal, Guntur District, Andhra Pradesh. ...Petitioner/Accused 2 to 4 t AND The State of Andhra Pradesh, ,Rep by its Public Prosecutor, Through SHO Tenali III Town P.S High Court Buijdings, Nelapadu, Amaravati r, .. ...Respondent/Complainant Petition under Section 482 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the petitioners/Accused 2 to 4 on bail in the event of their arrest in FIR No.112 of 2026, Dt. 16/06/2026, Tenali III town P.S, Guntur District. The Petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI DPETA GNANA TEJA, Counsel for the Petitioners Prosecutor for Respondent and the Court made the following. ORDER: - Assistant Public 2 Dr. YLR,J Crl.RNo.6796 of 2026 Dated 14.08.2026 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 petitioners/Accused Nos.2 to 4 for granting of pre-arrest bail in connection with Crime No.112 of 2026 of Tenali III Town Police Station, Guntur District, was registered for the alleged offence punishable under Sections 308(5), 318(4), 351(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 ‘(for brevity ‘the BNS’). 2. Mr. Peta Gnana Teja, the learned counsel for the petitioners, submits that the petitioners are the innocents of the alleged offence and they have been falsely implicated by the police. They are law-abiding citizens. They have not committed any offence. They are the sole breadwinners of the family. The petitioners undertake 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. Per contra, Mr.Neelotphal Ganji, - the learned Assistant Public Prosecutor, vehemently opposed the grant of pre-arrest bail to the petitioners, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioners released on pre-arrest bail, there is a strong likelihood that they may abscond 3. are 3 Dr. YLR,J Crl.RNo.679€ of 2026 Dated 14.08.2026 thereby hampering the ongoing investigation and evading the process of law. Hence, it is urged that the petition be dismissed. 4. Heard the learned counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the record. As seen from the record, the allegation against the petitioner/Accused No.2 is that he had extorted an amount of Rs.50,000/- from the de-facto complainant. The alleged offence is punishable with imprisonment of more than seven years. The allegations against Petitioners/Accused Nos.3 and 4 are in respect of offences punishable with imprisonment of less than 5. seven years. In view of the specific overt acts attributed to the petitioner/Accused No.2, this Court is not inclined to grant pre-arrest bail to the petitioner, as it would amount to giving a shield, protection or licence to the petitioner, who is alleged to have committed the specific overt acts attributed to him, as per the judgments of the Hon’ble Apex Court in Gurbaksh Singh Sibbia v. State of Panjab^ and Sushila Aggarwal v. State of (NCT of Delhi)^. Having regard to the entire facts and circumstances of the case, the gravity and nature of the allegations levelled against the petitioners/Accused Nos.3 and 4, the alleged role played by them in this case, this Court deems it fit to grant pre-arrest bail to the petitioners/Accused Nos.3 and 4 with the following conditions: 6. 7. (1980) 2 see 565 <2020) 5 see 1 4 Dr. YLR,J Crl..PNo.6796 of 2026 Dated 14.08.2026 ® i. In the event of their arrest, petitioners/Accused Nos.3 and 4 shall be enlarged on bail subject to their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties each for the like sum each to the satisfaction of the arresting police officials; ii. The petitioners/Accused Nos.3 and 4 shall make themselves available for investigation as and when required; iii. The petitioners/Accused Nos.3 and 4 shall not any threat, inducement or promise to the prosecution witnesses iv. The petitioners/Accused Nos.3 and 4 shall before the Station House Officer concerned cause appear once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet. V. The petitioners/Accused Nos.3 and 4 shall not leave the limits of the State of Andhra Pradesh without the express permission from the Station House Officer concerned. Vi. The petitioners/Accused Nos.3 and 4 shall not, directly or indirectly, make any inducement, threat or 5 Dr. YLR.J Crl..PNo.6796 of 2026 Dated 14.08.2026 promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court. Insofar as the allegations against the petitioner/Accused No.2 concerned, the same are specific in nature. Therefore, this Court is not inclined to grant pre-arrest bail to the petitioner. Hence, the petition insofar the petitioner/Accused No.2 is concerned, is dismissed. The petition insofar as Petitioners/Accused Nos.3 and 4 are concerned, is allowed. 9. In the result, the Criminal Petition is partly allowed. 8. are as SD/-M.SRINIVAS DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. TheSHO, Tenali III Town P;S, Guntur District. 2. The I Additional Judicial Magistrate of First Class, Tenali. 3. One CC to SRI. PETA GNANA TEJA Advocate [OPUC] 4. Two CCS to PUBLIC PROSECUTOR, High Court of Andhra Pradesh. [OUT] 5. One spare copy . KSR HIGH COURT DR.YLR, J DATED:14/08/2026 BAIL ORDER CRLP NO. 6796 OF 2026 ALLOWED I i