Bail was granted considering the completion of crucial investigation while ensuring no witness tampering risks, highlighting the judicial custody duration.

ORDER

This Criminal Petition under Sections 480 and 483 of Bharatiyana Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS.’), has been filed by the Petitioner/Accused, seeking regular bail in connection with Crime No.50 of 2025 of Markapur Town Police Station, Prakasam District, registered for the offence punishable under Section 109(1) of Barathiya Nyaya Sanhita, 2023 (for short ‘BNS’) and Section 3 of the Expl.Substance Act.

2. Case of the prosecution, in brief, is that, the Accused used to manufacture crude bombs using gun powder which were intended to hunt and kill wild animals specially pigs for their skin and meat. In that view, Accused intentionally manufactured crude bombs and on 31.03.2025 at about 16.30 hours, the Petitioner/Accused brought a country made bomb, which is being used for hunting the wild pigs and threw it on the Complainant and his relatives due to petty quarrels, with an intent to kill them. Unfortunately, the said bomb had fallen on an auto and from there on the ground and the same was not exploded. Out of fear, the Complainant and the neighbours ran away from the spot and in the meanwhile, one street dog came to that bomb and had bitten the same, as a result, the bomb was exploded and the head of the dog was blasted and the dog died on the spot in a pool of blood.

3. Heard Sri Dr.Challa Srinivasa Reddy, learned counsel for the Petitioner/Accused and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing the Respondent/State.

4. Learned counsel for the Petitioner would submit that the Petitioner is innocent of the offences alleged against him and a false case is foisted against the Petitioner. Learned counsel would further submit that the Petitioner is ready to furnish sufficient sureties to the satisfaction of the Court.

5. Learned Assistant Public Prosecutor would submit that, another case is pending against the Petitioner for the offences under Sections 395 and 397 IPC. It is submitted that, so far as the investigation in the present case is concerned, examination of witnesses has been completed and the matter is pending for collecting some technical evidence. Hence, prays for dismissal of the petition.

6. Learned counsel for the Petitioner, in reply, would submit that the Petitioner has been in judicial custody since 15.04.2025 and the material part of the investigation has been completed. Hence, prays to allow the petition.

7. Considering the submissions made and on a perusal of the material on record, as the crucial part of the investigation relating to examination of the witnesses is completed, the question of influencing the witnesses, does not arise. Petitioner has been in judicial custody since 15.04.2025. In such circumstances, it is desirable to grant bail to the Petitioner, however, by imposing some conditions.

7. In the result, the Criminal Petition is allowed with the following conditions:

i. Petitioner/Accused shall be released on bail on his executing a personal bond for Rs.20,000/- (Rupees twenty thousands only) with two sureties for a like sum each to the satisfaction of the trial Court.

ii. On release, the Petitioner/Accused shall appear before the Station House Officer concerned, twice in a week i.e., on Saturday and Sunday between 10.00 a.m. and 05.00 p.m until further orders.

iii. The Petitioner is directed not to hamper the investigation and tamper with the prosecution witnesses.

As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.