Dammu Gopalam vs State Of Andhra Pradesh & Ors

Dr Y. Lakshmana Rao, J

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 Petitioner/Accused No.1 on bail in Crime No.237 of 2025 of Tekkali Urban Police Station, Srikakulam District, registered against the Petitioner/Accused No.1 herein for the offences punishable under Sections 417, 420, 376 and 313 of the Indian Penal Code, 1860 (for brevity ‘the IPC’).

Heard the learned counsel for the Petitioner, the learned Assistant Public Prosecutor and the learned legal aid counsel for respondent No.2. Perused the record.

As seen from the record, this is the second bail application filed by the petitioner/Accused No.1. This Court vide order dated 19.11.2025 dismissed the first bail application in Crl.P.No.10616 of 2025 on the ground that the investigation was pending and some more witnesses were to be examined. The learned Assistant Public Prosecutor submits that the charge sheet has already been filed and PRC number was given as P.R.C.No.18 of 2025. The case is committed to the learned Sessions Judge on 19.12.2025. The learned Assistant Public Prosecutor submits that the petitioner/Accused No.1 has got one adverse antecedent vide Cr.No.19 of 2020.

The learned Legal Aid Counsel for respondent No.2 submits that the petitioner not only deceived respondent No.2 but also took certain valuable properties from her possession. All these issues are subject to matter of trial. Since the investigation is completed and charge sheet has already been filed, there is no question of the petitioner/Accused No.1 threatening the witnesses or tampering with the evidence. The petitioner is a permanent resident of Harijana Street, Srimukhalingam Village, Jalumuru Mandal, Srikakulam District. He has got fixed abode. He is a Constable in Police Department.

Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the Petitioner/Accused No.1, this Court is inclined to enlarge the Petitioner/Accused No.1 on bail with some stringent conditions.

In the result, the Criminal Petition is allowed with the following stringent conditions:

i. The Petitioner/Accused No.1 shall be enlarged on bail subject to his executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with two sureties for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Tekkali.

ii. The Petitioner/Accused No.1 shall appear before the learned Trial Court on each and every adjournment without fail.

iii. The Petitioner/Accused No.1 shall not leave the limits of the State of Andhra Pradesh without prior permission from the learned Trial Court concerned.

iv. The Petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future.

v. The Petitioner/Accused No.1 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court.