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2025 Supreme(Online)(AP) 6839

HIGH COURT OF ANDHRA PRADESH
VENKATA JYOTHIRMAI PRATAPA, J
PINUMALA YELISHA – Appellant
Versus
THE STATE OF ANDHRA PRADESH – Respondent
Criminal Petition No: 5813/2025



Advocates:
For the Appellants/Petitioners: D PURNACHANDRA REDDY
For the Respondents: PUBLIC PROSECUTOR

Conditions for bail are established when a petitioner has been detained for a significant period, and the investigation status indicates minimal risk of influencing witnesses.

Headnote:(A) Bharatiyana Nagarik Suraksha Sanhita, 2023 - Sections 480 and 483 - Barathiya Nyaya Sanhita, 2023 - Sections 308(4), 115(2), 319(2) and 351(2) read with 3(5) - Bail application - The petitioner sought bail after being in judicial custody since 02.04.2025, claiming false implication and no injury to the victim - Investigation in progress, but status suggests no tampering with witnesses and a favorable bail decision recommended by the court. (Paras 6 and 7)

(B) Judicial Custody - The duration of judicial custody and the satisfactory completion of a substantial portion of the investigation justify bail, provided conditions are attached to minimize risks of influencing evidence or witnesses. (Para 6)

Table of Content
1. case details and accusations described. (Para 1 , 2)
2. arguments presented by counselors. (Para 4 , 5)
3. court observations on bail conditions. (Para 6)
4. court's ruling on bail application. (Para 7)

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 No.1, seeking regular bail in connection with Crime No.133 of 2025 of Tiruchanur Police Station, Chittoor District, registered for the offences punishable under Sections 308(4), 115(2), 319(2) and 351(2)

read with 3(5) of Barathiya Nyaya Sanhita, 2023 (for short ‘BNS’).

2. Case of the prosecution, in brief, is that, on 26.03.2025 at about 6.25 p.m., at Aster Narayanadri Hospital Road, Near Vartha Cross, Tirupati Rural Mandal, Accused Nos.1 to 3 came in a car bearing No.AP 39 UT 3689 across the road, stopped the vehicle belongs to the De facto Complainant, while one Prasanth and Guru Murthy were proceeding from Auto Nagar, Tirupati towards Thukivasam, along with a walkie talkie and one of them introduced him as DSP, asked the driving license of the driver namely Prasanth, beat him with hands and demanded money. On knowing the same when the De facto Complainant came to the spot, Accused Nos.1 to 3 beat him, demanded money and threatened to see his end. When the De facto Complainant refused to give money, Accused Nos.1 to 3 threw stones on them.

3. Heard Sri D.Purnachandra Reddy, learned counsel for the Petitioner/Accused No.1 and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing the Respondent/State.

4. Learned counsel for the Petitioner would submit that the Petitioner has been in judicial custody since 02.04.2025. Learned counsel would further submit that the Petitioner was falsely implicated in the present case and there are no criminal antecedents against the Petitioner. Learned counsel would submit that, it is alleged against the Petitioner that he tried to extort money from the victim. The victim has not suffered any injuries and nothing has been extorted by the Petitioner. Learned counsel would submit that, by this time, the investigation might have completed and the Petitioner is ready to furnish sureties to the satisfaction of the Court. Hence, prays to allow the petition.

5. Leaned Assistant Public Prosecutor would submit that the investigation is pending for examination of the some more witnesses.

6. Considering the submissions made, and on a perusal of the material on record, the Petitioner has been in judicial custody since 02.04.2025 and it appears that the material part of the investigation is completed in this case. As such, the question of influencing the witnesses and tampering with the evidence, does not arise. Hence, 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 No.1 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. 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.

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