IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENKATA JYOTHIRMAI PRATAPA, J.
Dasari Siva S/o Babu – Appellant
Versus
The State of Andhra Pradesh – Respondent
Criminal Petition No. 2113 of 2026
Decided On : 23-03-2026
ORDER :
1. This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the Petitioners herein/A2,A3,A4,A5,A6,A7,A8,A10,A11,A12 & A13, seeking regular bail, in Cr.No.2/2026 on the file of Yellanur PS, Anantapur District, registered for the offences punishable under Sections 191(2), 191(3), 109(1), 118(1) r/w 190 of Bharatiya Nyaya Sanhita (for short “BNS”) and Section 25(1)(b) of Arms Act.
2. The case of the prosecution, in brief, is that on 31.12.2025, at about 11:45 PM, the Mandal Convener and others were celebrating New Year when Accused Nos. 7 and 8, along with some others belonging to YCP, arrived and provoked them, leading to a minor quarrel. The police intervened and sent everyone home. On 01.01.2026, at about 06:45 AM, the accused organized a protest on the main road in Yellanur village. When the TDP members arrived, some individuals belonging to YCP attacked them with sticks, sickles, rods, and glass bottles. During the attack, the de facto complainant sustained swelling on his left knee and a bleeding injury on the left side of his stomach, while others also suffered injuries.
3. Heard Sri S. Dushyanth Reddy, learned counsel for the petitioners and Mr.K.Sandeep, learned Assistant Public Prosecutor on behalf of the State.
4. Learned counsel for the petitioners submits that the petitioners were falsely implicated in this case and have not committed any offence as alleged by the prosecution. It is further submitted that the petitioners are the sole breadwinners of their families. The learned counsel also pointed out that the petitioners have filed a case against the complainant and others in Cr.No.1 of 2026, in which Accused Nos. 6, 14, and 18 were granted bail by this Court in Crl.P.No.1567 of 2026 vide order dated 05.03.2026. It is further submitted that the petitioners are ready to abide by any conditions that this Court may impose while granting bail. The learned counsel, therefore, prays that the petitioners may be enlarged on bail.
5. Learned Assistant Public Prosecutor opposed for granting bail and would submit that the investigation is still underway and several material witnesses are yet to be examined. It is submitted that enlargement of the petitioners on bail at this stage would seriously hamper the progress of the investigation and may result in non-cooperation from the petitioners. The complainant and other injured persons are discharged from the hospital. The prosecution further apprehends that the petitioners, if released, may influence the witnesses, thereby obstructing the course of investigation. It is also urged that there exists a real and imminent risk of the petitioners absconding and evading the due process of law and it is urged to dismiss the bail petition.
6. The allegation against the petitioners is that they along with some other accused beat the complainant and others and caused injuries and also threatened them with dire consequences. The petitioners were arrested on 04.01.2026 and since then have been in judicial custody. The petitioners and other accused filed a case against the complainant and others. The substantial portion of the investigation in so far the involvement of the petitioners concerned is completed. Therefore, there is no possibility of the petitioners threatening the official witnesses, tampering with evidence, or hampering the investigation. The petitioners are permanent residents of Yellanuru Village & Mandal, Ananthapuramu District. They have got fixed abode. Even if conditions are imposed, there is no likelihood of their absconding or evading the process of law.
7. Considering the facts and circumstances of the case, nature and gravity of allegation levelled against the petitioners, their alleged roles played in this case, and the period of detention undergone by the petitioners, this Court is inclined to enlarge the petitioners on bail.
8. In the result, the Criminal Petition is allowed with the following stringent conditions:
i. The Petitioners/Accused N
Bail granted considering detention period, non-grievous injuries, and advanced investigation stage despite serious assault allegations.
The prolonged detention of accused necessitated bail despite pending investigations, with conditions imposed to ensure compliance with judicial proceedings.
Bail is permissible even if preventive detention is in force if facts merit grant of relief.
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