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2025 Supreme(AP) 1106
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Y. Lakshmana Rao, J.
Guttala Sridhar – Petitioner
Versus
The State Of Andhra Pradesh and Others – Respondents
Criminal Petition No: 10691 of 2025
Decided On : 07-11-2025
For the Petitioner: Ravi Kiran Arukutla
For the Respondent: Public Prosecutor, T V Jaggi Reddy
The court highlighted the discretion in granting bail based on the nature of allegations and ongoing investigation, imposing conditions to safeguard the trial's integrity.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 480 and 483 - Bharatiya Nyaya Sanhita, 2023 - Section 75(2) - Bail application - Petitioner charged with misbehavior with a female pupil; seven witnesses examined and substantial investigation completed. Previous complaints against the petitioner were noted - Court emphasized conditions for bail including appearance requirements and prohibition on leaving the State. (Paras 1, 3, 5, 6)
(B) Criminal Procedure - Grant of bail is a matter of discretion, considering the nature of allegations, evidence available, and prior conduct of the accused. (Paras 5, 6)
Facts of the case:
The petitioner, a 56-year-old lecturer, faced allegations of misconduct towards a pupil leading to his arrest and judicial custody for 70 days. Similar accusations were noted from a past case. Mental and physical health conditions reported.
Findings of Court:
Court determined the nature and gravity of allegations warranting bail under stipulated conditions safeguarding the investigation.
Issues: The main issues included the appropriateness of bail given the allegations and the conditions to be imposed.
Ratio Decidendi: The court found it appropriate to grant bail considering the advanced stage of investigation and the petitioner's health issues, emphasizing compliance with conditions to maintain the integrity of the process.
Result: Criminal Petition is allowed.
| Table of Content |
|---|
| 1. nature of the criminal petition and allegations (Para 1 , 3) |
| 2. arguments presented by both parties (Para 2) |
| 3. petitioner's previous complaints and health issues (Para 4) |
| 4. court's inclination to grant bail (Para 5) |
| 5. conditions imposed with bail (Para 6) |
ORDER :
Y. Lakshmana Rao, J.
The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNS S ’), seeking to enlarge the Petitioner/ Sole Accused on bail in Crime No.223 of 2025 of Parawad Police Station, Anakapalli District registered against the Petitioner/Sole Accused herein for the offences punishable under Section 75 (2) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘the BNS ’).
2. Heard the learned counsel for the petitioner, the learned Assistant Public Prosecutor and the learned Legal Aid Counsel for respondent No.2. Perused the record.
3. The petitioner is aged about 56 years and has been working as a Lecturer in Chemistry at Government Junior College, Parawada. The allegation against the petitioner is that he misbehaved with one of his female pupils. A case in Crime No.223 of 2025 was registered for the alleged offence punishable under Section 75 (2) of ‘the BNS ’. So far, seven witnesses have been examined, all of whom are material and official witnesses. Substantial portion of the investigation has been completed. The petitioner was arrested on 29.08.2025 and has been in judicial custody for the past 70 days. The learned Assistant Public Prosecutor submits that a similar case has been reported against the petitioner vie Crime No.220 of 2025, under the provisions of Section 12 of ‘the POCSO Act’ and Section 75 (2) of ‘the BNS ’. However, when the petitioner was produced before the learned Judicial Magistrate concerned, his remand was not accepted, and the investigating officer complied with Section 35 (3) of ‘the BNS S ’.
4. The petitioner has filed a document dated 18.11.2022 issued by the Commissioner of Intermediate Education, Andhra Pradesh, regarding a complaint lodged by him as a Junior Lecturer in Chemistry at Government Junior College, Yelamanchili, Anakapalli District. The document shows that the then Principal of the petitioner was subjected to certain disciplinary action and was transferred to another college on administrative grounds. Pending the disciplinary proceedings, the learned counsel for the petitioner contends that the said Principal of Government Junior College, Parawada, is the person who instigated the defacto complainant to lodge false reports against the petitioner in the two cases. A report has been received from the Medical Superintendent of the District Hospital, Anakapalli, stating that the petitioner suffers from high blood pressure, diabetes, and sleep apnea, and is under regular medication. The petitioner has now been placed under suspension pursuant to his detention in judicial custody.
5. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Sole Accused, this Court is inclined to enlarge the Petitioner/Sole Accused on bail.
6. In the result, the Criminal Petition is allowed with the following stringent conditions:
i. The Petitioner/ Sole Accused shall be enlarged on bail subject to he executing a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only), with two sureties each for the like sum each to the satisfaction of the learned I Additional Junior Civil Judge-cum-XI Additional Metropolitan Magistrate, Anakapalli.
ii. The petitioner/Sole Accused shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court.
iii. The petitioner/Sole Accused shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned.
iv. The petitioner/Sole Accused shall not commit or indulge in commission of any offence in future.
v. The pe
