APNE000024212026
IN THE COURT OF THE SPECIAL JUDGE FOR TRIAL OF OFFENCES
AGAINST WOMEN-CUM-VIII ADDITIONAL DISTRICT AND SESSIONS
JUDGE::NELLORE
Present:- Smt A. Naga Sailaja, Spl.Judge for trial of Offences against Women-cum- VIII Addl. District & Sessions Judge, Nellore
Thursday, this the 14 th day of May, 2026
Crl.M.P.No.568/2026
in Cr.No.52/2026 of Balaji Nagar Police Station, Nellore
1. Rayapu Vasu, S/o Ramanaiah, aged 45 years,
2. Rayapu Abishak S/o Vasu aged 19 years, (Both are residents of D.No.16-9-319, Mutyalaapalem,
Ramalingapuram, Nellore) ... Petitioners/A1 and A2
Vs.
The State: Station House Officer, Balaji Nagar Police Station Nellore …Respondent/Complainant
This petition is coming on 11.05.2026 before me for hearing in the presence of Sri T. Sai Srinivas Reddy, K. Murali Reddy, N. Madan Kumar Reddy, Y. Sivakumar, P.V. Rajya Lakshmi, Counsels for the petitioners/A1 and A2, and the learned Additional Public Prosecutor for the respondent and upon hearing their arguments and on perusing the record, this court made the following:
ORDER
This is the second bail application filed by the petitioners/A1 and A2
U/Sec.483 of B.N.S.S. seeking to enlarge them on bail in Cr.No.52/2026 of Balaji
Nagar Police station registered for the offences punishable U/s.329(4), 101(1) r/w 3(5) of B.N.S. The 1st bail petition was dismissed on 27.04.2026.
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2. The case of the prosecution in brief is as follows:
On 11.04.2026 at about 23-30 hours at Muthyalapalem, Nellore accused Nos.1 and 2 with a view to see the end of younger brother of the defacto complainant by name ‘Balu Ajay’ due to previous disputes, have provoked accused Nos.3 to 5 to do away the life of said Ajay and accordingly, accused
Nos.1 and 2 were on the road and accused Nos.3 to 5 criminally trespassed into the house of complainant and by that time, the said Ajay was not at home and then, as per the directions of accused Nos.1 and 2, accused Nos.3 to 5 attacked the complainant with beer bottles indiscriminately over his face with an intention to kill him, as a result, he received severe slash injury over his eyes and right hand cheek. Further, accused No.3 took a broken beer bottle and stabbed the complainant over his belly button and caused bleeding injury. On raising cries by defacto complainant, all the accused fled away from the scene. Basing on the report of defacto complainant, a case in Cr.No.52/2026 was registered against the accused Nos.1 to 5.
3.Memo filed that notice is given to the Learned Additional Public
Prosecutor and the learned Additional Public Prosecutor filed CD.
4.Heard the learned counsel for the petitioners/A1 and A2 and the learned Additional Public Prosecutor.
5.The learned Additional Public Prosecutor submitted that the investigation is not completed and it is at preliminary stage. L.Ws.1 to 6 are only examined. Some more witnesses are to be examined. So, there may be a threat to the complainant/injured and his family members. If bail is granted, the petitioners/A1 and A2 may influence the witnesses and tamper the prosecution evidence and prays to dismiss the petition.
6.The learned counsel for the petitioners argued that the petitioners are the father and son and they are no way related to the crime and they have no criminal background. The petitioners were unnecessarily impleaded in this case.
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There is no whisper against A1 and A2 in the complaint. The petitioners are held up at other place at the time of the alleged incident. The 1st petitioner is having daughter who is studying and she is unable to perform her examinations without support of the petitioners. Further, the petitioners are in jail since 16.04.2026.
They are the only male persons in the family and sole bread winners. Therefore, prays to allow the petition and to enlarge the petitioners on bail.
7.Now the points for consideration is:
1. Whether the petitioners/A1 and A2 are entitled for grant of bail as prayed for?
2. To What relief?
POINT No.1:-
8.Perused the C.D. file, contents of F.I.R. and statements of various witnesses recorded. As per CD, the respondent police registered a case against the accused Nos.1 and 2 for the offence U/Secs.329(4), 101(1) r/w 3(5) of B.N.S.
This is the 2nd bail application and the previous bail application was dismissed by this court on 27.04.2026 vide Crl.M.P.No.479/2026.
9.Satisfied with the arguments of the learned counsel for the petitioners/Accused Nos.1 and 2 and perused the CD file. As per the CD file, the petitioners are in jail from 16.04.2026 i.e. since 29 days. The material witnesses
L.Ws.1 to 6 are examined. As per CD file, on 11.04.2026 at about 23-30 hours at
D.No.16/9/180, Muthyalapalem, Nellore accused Nos.1 and 2 provoked accused
Nos.3 to 5 and attempted to kill the brother of the complainant i.e., Balu Ajay. As per the version of the petitioners, the complainant lodged this complaint only to harass them and they were far away from the town at the time of alleged incident.
10.The petitioners/A1 and A2 have fixed abode at Haranadhapuram,
Muthyalapalem, Nellore. Therefore, leaving the jurisdiction does not arise.
Material part of investigation is completed. So, the question of tampering the witnesses does not arise. Further, the petitioners are father and son respectively 4 and the 1st petitioner is having wife and unmarried daughter. The petitioners are the only male members in the family and if the petitioners are detained in jail, their family members will starve for food etc., The petitioners are in jail since 29 days. In the light of the above submissions, this court is of view that it is a fit case to grant bail to the petitioners/A1 and A2 on condition. Accordingly, the point is answered.
POINT NO.2:- 11.In the result, the petition is allowed by granting bail to the petitioners/A1 and A2 on execution of bond for Rs.25,000/- (Rupees twenty five thousand only) each with two bail bonds/sureties for the like sum each to the satisfaction of the V Additional Judicial Magistrate of First Class, Nellore. On such release, the petitioners/A1 and A2 are directed to appear before the Station
House Officer, Balaji Nagar Police station, Nellore on every Saturday between 10.00 a.m. to 12.00 noon for a period of three months or till filing of charge sheet, whichever is earlier. The petitioners/A1 and A2 are further directed not to interfere in investigation and co-operate with the investigation agency as and when their presence is required. The petitioners/A1 and A2 are further directed not to leave the jurisdiction without prior permission from the Court.
Typed to my dictation by the Stenographer, corrected and pronounced by me on this the 14th day of May, 2026.
sd/- A.N. Sailaja
Special Judge for Trial of Offences against Women-
cum-VIII Additional District & Sessions Judge Nellore
Copies to:-
1.The V Addl. Judicial Magistrate of I Class, Nellore.
2.Sri T. Sai Srinivas Reddy, Counsel for the petitioners
3.The Additional Public Prosecutor, Nellore.
4.The Station House Officer, Balaji Nagar Police Station, Nellore