Andhra Pradesh High Court · 2026

Order

This Criminal Appeal is filed aggrieved by the order dated 25.05.2026 passed in Crl.M.P. No.530 of 2026 on the file of the learned Special Judge for Trial of Cases under the SCs & STs (POA) Act-cum-X Additional District Judge, Rajamahendravaram, erstwhile East Godavari District, whereby the petitioners/Accused Nos.1, 2, 5, 7 and 8 were denied bail in connection with Crime No.76 of 2026 of Rangampeta Police Station, registered for the offences punishable under Sections 329(4), 115(2), 351(2), 140(1) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act.

2. Heard the learned counsel for the appellants/Accused Nos.1, 2, 5, 7

and 8 and Ms. P. Akhila Naidu, learned Assistant Public Prosecutor appearing for the respondent-State.

3. The prosecution case, in brief, is that on 23.04.2026 at about 11.30 p.m., the accused persons, including the present appellants, allegedly criminally trespassed into the house of the de facto complainant, Smt. Vittanala Suramma, at Doddigunta Village, Rangampeta Mandal. It is alleged that while the de facto complainant and her husband were sleeping, the accused entered their house, abused them in filthy language, dragged them from the bed, and threatened the husband to vote in favour of their group in 4 the Fishermen Society elections scheduled for the following day. When he refused and asserted that he would exercise his vote according to his choice, the accused allegedly assaulted him, threatened to kill him, forcibly dragged him out of the house, and took him away. Based on the report lodged by the de facto complainant, the present crime has been registered.

4. Learned counsel for the appellants submits that another case, namely Crime No.77 of 2026, arising out of the same background, was registered against the appellants and that this Court has already granted them regular bail in Crl.M.P. Nos.4565 and 4513 of 2026, vide order dated 22.06.2026. he would further submitted that the antecedents attributed to the appellants are unrelated to the present crime. He would further submit that substantial investigation has already been completed, the appellants have been in judicial custody for the last 72 days, and their continued detention is not necessary for the purpose of investigation. The appellants undertake to abide by any conditions that may be imposed by this Court.

5. On the other hand, the learned Assistant Public Prosecutor opposed the appeal contending that the investigation is still in progress and that notice has been served on the victim. She would further submit that the allegations against the appellants are serious and, therefore, the appeal deserves to be dismissed.

6. Now the point arises for determination in this appeal is that the appellants are entitled for their release on regular bail? 5

7. This Court has carefully considered the rival submissions and perused the material available on record.

8. The allegations against the appellants are undoubtedly serious. However, it is not in dispute that the appellants have remained in judicial custody for about 72 days. The investigation has substantially progressed and eight witnesses have already been examined. The prosecution has not placed any material before this Court to demonstrate that the custodial interrogation of the appellants is still required. At this stage, further detention of the appellants does not appear to be necessary for the purpose of investigation. Accordingly, this Criminal Appeal is allowed. The order dated

25.05.2026 passed in Crl.M.P. No.530 of 2026 is set aside. Consequently, the appellants/Accused Nos.1, 2, 5, 7 and 8 shall be enlarged on bail in Crime No.76 of 2026 of Rangampeta Police Station, subject to the following conditions: i. The appellants shall execute a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each, with two sureties each for the like sum, to the satisfaction of the learned Additional Judicial First Class Magistrate, Peddapuram. ii. The appellants shall appear before the Station House Officer concerned every Saturday between 10.00 a.m. and 5.00 p.m. until the filing of the charge sheet. 6 iii. The appellants shall not leave the limits of the State of Andhra Pradesh without prior permission of the Station House Officer concerned. iv. The appellants shall not commit or indulge in commission of any offence in future. v. The appellants shall cooperate with the Investigating Officer in further investigation of the case and shall make themselves available for interrogation whenever required. vi. The appellants shall not directly or indirectly induce, threaten, or promise any person acquainted with the facts of the case so as to dissuade such person from disclosing the facts before the Court or the Investigating Agency. vii. The petitioners/Accused shall surrender his passport, if any, to the investigating officer. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. As a sequel thereto miscellaneous petitions pending, if any, shall stand closed. Dated 02.07.2026 KKV __________________________________________ DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 66 7 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 370/2026 Dated 02.07.2026 KKV