DR. KOLLANUR CHARAN v. THE STATE OF ANDHRA PRADESH

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to dispense with filing of the certified copy of order dated 16.01.2026 passed in CrI.M.P. No.891 of 2025 by the IV Additional District & Sessions Judge, Tirupati before this Hon’ble Court pending disposal of the main CrI.Appeal IA NO: 2 OF 2026 Petition under Section 151 CPC praying circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to enlarge the Petitioner / Accused No.1 on bail in connection with Crime No. 450 of 2025 of Alipiri Police Station, Tirupati, Tirupathi District. Counsel for the Appellant:

1. N RAVI PRASAD Counsel for the Respondent(S):

1. PUBLIC PROSECUTOR The Court made the following: 3 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI CRIMINAL APPEAL NO: 33 of 2026 J U D G M E N T: Heard Sri N.Ravi Prasad, learned counsel appellant/A1 through video conference and Sri P.Somayaji, learned Additional Public Prosecutor representing the State/R1.

2. Learned Additional Public Prosecutor would submit that notice was taken to the victim as per Section 15(A) of the SCs & STs (PoA) Act, 2015 and it was served on 24.01.2026. So far no one appeared for the victim/R2. No objections filed for the victim opposing the appeal.

3. The appeal is filed under Section 14-A of the SCs & STs (PoA) Act r/w Section 480 of B.N.S.S., 2023 challenging the order dated 16.01.2026 passed in Crl.M.P.No.891 of 2025 in Crime No.450 of 2025 of Alipiri Police Station, Tirupati.

4. Learned counsel for the appellant/A1 would submit that the appellant/A1 and victim cohabitated for some time, and later, due to some disputes, the victim presented a report with false allegations against the appellant/A1 and his parents/A2 & A3 for the offence under Sections 69, 351(3) r/w 3(5) of BNS, 2023 and 4 Section 3(1)(r)(s) of SCs/STs (PoA) Act, 1989 as Amendment Act, 2015 of Alipiri Police Station, Tirupati. During investigation police arrested the appellant/A1 on 24.12.2025 and since then, he is in prison.

5. He would further submit that the other accused i.e., A2 and A3, who are parents of A1 were granted interim anticipatory bail by this Court. He would further submit that material part of the investigation has been completed. There is no chance of tampering the evidence or threatening the witnesses and the appellant/A1 escaping from the trial of the case.

6. Considering all these circumstances, the appeal may be allowed, as trial Court failed to consider the above circumstances, erroneously dismissed the bail application.

7. Learned Additional Public Prosecutor opposed application on the ground that investigation is not yet completed. However, he would submit that the victim, her parents were examined during investigation the statements under Section 164 Cr.P.C. were also recorded. Mobile phone of the accused was also ceased during investigation, and it was sent to forensic 5 examination. He would admit that the appellant/A1 was arrested on 24.12.2025 and since then, he is in judicial custody.

8. The Trial Court dismissed the application vide order dated

16.01.2026 passed in Crl.M.P.No.891 of 2025 in Crime No.450 of 2025 of Alipiri Police Station, Tirupati on the ground that investigation is not yet completed.

9. The above facts and circumstances submitted by both sides would disclose that as on the day, material investigation has been completed. There is no possibility of the appellant/A1 escaping from the trial of the case. There is no chance to tampering the evidence or threatening the witnesses. Considering all these facts and circumstances of the case, this Court is of the considered opinion that the order of the learned Trial Court is liable to be set aside.

10. In the result, the Criminal Appeal is allowed. The order dated 16.01.2026 passed in Crl.M.P.No.891 of 2025 on the file of the learned IV Additional District and Sessions Judge, Tirupati, in Crime No.450 of 2025 of Alipiri Police Station, Tirupati is set aside. The appellant/A1 shall be enlarged on bail subject to the following conditions. 6 i) The appellant/A1 shall be enlarged on bail, on executing a personal bond for Rs.25,000/- (Rupees Twenty Five Thousand only), with two (02) sureties for a like sum each, to the satisfaction of the learned IV Additional District and Sessions Judge, Tirupati. ii) On such release, the appellant/A1 shall appeal before the Investigation Officer and join the investigation as and when required by the Investigation Officer by issuing notice in accordance with law. iii) The appellant/A1 shall not leave the country without permission of the learned Trial Court. iv) The appellant/A1 shall not intimidate or annoy the victim or her family members in any manner. v) If the appellant/A1 violates any of the above conditions, the prosecution is at liberty to file an application before the concerned Trial Court for cancellation of this order, on filing of such application, the concerned Trial Court shall dispose of the same in accordance with law.

11. Accordingly, the Criminal Appeal is allowed. 7 As a sequel, interlocutory applications, if any, pending shall stand closed. Dated:27.01.2026 Pmk _______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI 8 37 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI CRIMINAL APPEAL No: 33 of 2026 Date: 27.01.2026 Pmk