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2025 Supreme(Online)(AP) 7390

HIGH COURT OF ANDHRA PRADESH
T MALLIKARJUNA RAO, J
Kommineni Srinivasa Rao – Appellant
Versus
The State of AP – Respondent
CRIMINAL PETITION NO: 6851 OF 2025



Advocates:
For the Appellants/Petitioners: Sri Srinivasula Reddy Kommasani
For the Respondents: Assistant Public Prosecutor

Bail conditions should ensure the accused's safety and not impose undue hardship, allowing modifications based on practical concerns.

Headnote:(A) BNS Act, 2023 - Section 439(1) - Relaxation of bail conditions - Petitioner sought to relax conditions imposed by the Magistrate requiring appearance at police station twice a month due to safety concerns after prior incidents - Court modified requirement to once a month based on considerations of safety and convenience. (Paras 2, 6)

(B) Legal Principle - The court must consider safety concerns of individuals when imposing conditions of bail to ensure that such conditions do not lead to harassment or endanger the accused. (Paras 4, 6)

Facts of the case:
The petitioner, while on bail, faced harassment from supporters of the complainant and requested a modification of appearing at the police station to once a month for four months.

Findings of Court:
The condition was modified for the safety and convenience of the petitioner, reducing his obligations while still ensuring compliance with the bail terms.

Issues: The primary issue was whether the imposed condition of appearing at the police station twice a month was overly burdensome and unsafe for the petitioner.

Ratio Decidendi: The court ruled that courts should modify bail conditions for the accused's safety and address practical difficulties without undermining judicial oversight.

Result: Criminal Petition allowed.

Table of Content
1. the petitioner seeks modification of bail conditions. (Para 1 , 2)
2. concerns for safety and harassment during appearances. (Para 4)
3. the court considers potential risks and the validity of current bail conditions. (Para 5)

TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO cRIM[NAL PETITION NO: 6851/2025 Between :

Kommineni Srinivasa Rao ...PETITIONER/ACCUSED AND The State Of Ap ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:

1. SRINIVASULA REDDY KOMMASANI Counsel for the Respondent/complainan{

1.PUBLIC PROSECUTOR The Court made the followin Order:-

This Criminal Petition has been filed by the petitioner/A2, seeking to relax the conditions imposed while granting bail vide Order dated 16.06.2025 in Crl.MP No.485 of 2025 by the learned Additional Judicial Magistrate of First Class-Gum-Additional Civil Judge (Junior Division), Mangalagiri.

2. Originally, the petitioner herein/A2 filed a bail application in Crl.M.P. No.485 of 2025 on the file of the learned Additional Judicial Magistrate of First C'assTCum-Additional Civil Judge (Junior Division), Mangalagiri, for grant of`bail in Crime No.108 of 2025 of ThuIIuru Police Station, registered for -the offences punishable under Sections 79, 196(1), 353(2), 299 and 61(1) of BNS and Section 67 of the !T Act.

't=-`

i i The learned Additional Judicl'al Magistrate of First Class-c`um-

Aclditional Civil Judge -(Junior Division), Mangalagiri, while granting bail to the petitioner/A2 vide order dated 16.06.2025, imposed condjtjon that the petitioner/A2 shall appear before the concerned police station i.e., Thulluru P.S. on every 2nd and 4th Saturday in a month for a period of four (4) months or `till filing charge sheet whichever is earlier.

3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor for the respondent/State. Perused the record.

4. Learned counsel for the petitioner submits that, as per the directions of the learned Magistra-te, the petitioner is required to appear before the Tulluru Police Station twice ih a month. 'lt is submitted 'that the said police station is situated in the'Amarava±i Capital Region and is in close proximity to the residence of the de facto complainant.

Furthermore, it is contended that during the petitioner's remand, a large crowd of political supporters assembled and allegedly pelted stones and threw footwear at the` petitioner and therefore, he prays this Court to relax the appearance of the petitioner before the Tulluru Police Station.

5. On the other ha-nd, learned Assistant Public Prosecutor submits that court -may pass appropriate orders.

` `

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6, Considering the difficulties pointed out by the leamed COunSel for the petitioner, the condition imposed in the order dated 16.06.2025 in crl.MP No.485 of 2025 by the learned Additional Judicial Magistrate of First Class-Gum-Additional Civil Judge (Junior Division), Mangalagiri, the petitioner/A2 shall appear before the concerned police station i.e., Thulluru P.S. on every 2nd and 4th Saturday in a month for a period of four (4) months or till filing charge sheet whichever 'ls earlier is modified to the extent i_hat the petitioner/A2 shall appear before the Station House Officer, Tadepalli Police Station, once in a month for a period of four (4) months or till filing of the charge sheet, whichever is earlier.

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