Bail may be granted when a substantial portion of the investigation is complete, the accused are permanent residents, and there is no requirement for further custodial interrogation, provided stringent conditions are imposed to ensure cooperation and prevent witness tampering.

Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to enlarge the petitioners/A6, A14, A18 on bail in connection with Crime No.1 of 2026 of Yellanur PS, Ananthapuram and pass

The Court made the following:

ORDER:-

The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioners/Accused Nos.6, 14 and 18 on bail in Crime No.1 of 2026 of Yellanur Police Station, Ananthapuramu District, registered against the Petitioners/Accused Nos.6, 14 and 18 herein for the offences punishable under Sections 191(2), 191(3), 109(1), 118(1) read with 190 of BNS.

The case of the prosecution is that this is a case of rioting with attempt to murder that occurred on 01.01.2026 at about 7.30 a.m., at Chariot Area, Main Bazaar, Yellanuru Village & Mandal, wherein the accused Nos.1 to 6 initially have armed with deadly weapons to beat one Boggu Sharath of Yellanuru Village and threatened to kill him at his house and while the complainant and their leader Bogati Vijaya Pratap Reddy, ZPTC-Yellanuru and some others went to Ananthapuramu with intent to meet their party leaders there to convey their New Year’s greetings to them, in the meantime the above mentioned Boggu Sharath made a phone call to the complainant and requested that please come and save him and while going towards Anantapuramu, when they reached the chariot area at main bazaar, Yellanuru they saw police personnel there. Then they asked them what had happened to Boggu Sharath and then staged dharna on the road. Suddenly accused Nos.1 to 23 and some others were formed themselves an unlawful assembly with the common intention and armed with sticks and stones and attacked all of them with sticks and by hurled the stones and in this attack L.Ws.2 to 7 sustained severe bleedings injuries.

Heard Mr.V.Lokabiram, learned counsel for the petitioners and Mr.K.Sandeep, learned Assistant Public Prosecutor representing the respondent/State. Perused the record.

The learned counsel for the petitioners would submit that the petitioners were falsely implicated in this case and the petitioners have not committed any offence as alleged by the prosecution. The petitioners are the sole breadwinners of their families. The learned counsel for the petitioners further submits that the petitioners filed a case against the complainant and other persons. The petitioners undertake to abide by any condition that this Court may impose while granting bail to the petitioners.

The learned Assistant Public Prosecutor, strenuously opposed the grant of bail, contending 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. There are criminal antecedents reported against the petitioners. 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.

The allegation against the petitioners/accused Nos.6, 14 and 18 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 09.01.2026 and since then have been in judicial custody. The petitioners and other accused filed case against the complainant and others. The substantial portion of the investigation in so far the involvement of the petitioners