Andhra Pradesh High Court – Amravati
Shaik Hussain Alias Mohammad Hussain vs The State Of Andhra Pradesh on 9 March, 2026
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APHC010110212026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3396]
(Special Original Jurisdiction)
MONDAY,THE NINTH DAY OF MARCH
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 1681/2026
Between:
1. SHAIK HUSSAIN ALIAS MOHAMMAD HUSSAIN,, S/O ALLAVUDDIN
AGED ABOUT 22 YEARS, OCC BUSINESS R/O THURAKAPALEM
VILLAGE, MACHAVARAM MANDAL PLANADU DISTRICT.
...PETITIONER/ACCUSED
AND
1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor
High Court of Andhra Pradesh.
...RESPONDENT/COMPLAINANT
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 Courtpleased to enlarge the Petitioner/Accused
No. 1 by granting regular bail in Crime No. 01/2026 on the file of Machavaram
Police Station, Palnadu District
Counsel for the Petitioner/accused:
1. RAMALAKSHMANA REDDY SANEPALLI
Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 1681/2026
ORDER:
The Criminal Petition under Sections 480 and 483 of Bharatiya
Nagarik Suraksha Sanhita, 2024 (for short ‘BNSS’) has been filed by the
Petitioner/Accused No.1, seeking regular bail in Cr.No.01 of 2026 on the file
of Machavaram Police Station, Palnadu District, registered for the alleged
offences punishable under Sections 109(1), 118(1), 351 (2) BNS and
Section 75 J.J.A-2015 .
2. Case of the prosecution, in brief, is that on eport on 02.01.2026 at
01.00 PM through hospital Intimation by complainant Shaik Mabuvali Sio
Karampudi Bude, 30 yrs, C/Muslim, Turakapalem village, Machavaram
Mandal stated that he work as a daily wage labourer and have one son,
Shaik Khalid, aged 10 years, and one daughter, Shaik Pouja. On 01-01-
2026 at about 3:30 PM, while my son Khalid, my second elder brother’s son
Nazeer, and our relative¿s son Nizamuddin were playing on the road in front
of our house, our neighbour the accused Shaik Hussain Sio Allavuddin,
came there in a drunken state, abused the children with filthy language, and
assaulted them with a belt. My son Khalid sustained swelling injury below
the left knee, Nizamuddin suffered a skin injury near the left foot, and
Nazeer was injured near the right elbow. When my son fell down, Shaik
Hussain, with intention to kill, pressed my sons testicles forcefully with both
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hands, causing him severe pain and loud cries. On hearing this, neighbours
Shaik Mabu Subhani and Shaik Allavuddin came there, upon which Shaik
Hussain fled from the spot. The injured children were later taken to Gurazala
Government Hospital for treatment.
3. Heard Sri Rama Lakashmana Reddy, learned counsel for the
Petitioner and Mrs. K. Priyanka Lakshmi, learned Assistant Public
Prosecutor, representing the State/Respondent.
4. Learned counsel for the Petitioner would submit that there are no
ingredients attract the alleged offence under Section 109 (1) of BNS in this
case and at the instance of political involvement the alleged Section under
Section 109 (1) of BNS mentioned. The other offence are bailable in nature.
Investigation is completed. L.W1 to 6 are examined, except filing of charge-
sheet. The petitioner has been in judicial custody since 03.01.2026. There is
no apprehension that would be the petitioner is abscond from the court or to
tamper the prosecution witnesses if he is released on bail. The petitioner is
permanent abode of Thurakapalem village and he is ready to comply with
the conditions imposed by the Court. He would further submit that the
investigation is completed and injured persons are discharged from the
hospital on the very same day of the incident. He would further submit that
the petitioner has not involved in any other cases and finally prays to
enlarge the Petitioner/Accused on regular bail.
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5. Learned Assistant Public Prosecutor, representing the State, submits
with regard to the progress of investigation that, out of the total witnesses,
six witnesses have been examined so far. She would further submit that the
nature of the injuries are simple in nature. Charge-sheet was not yet filed.
Learned Assistant Public Prosecutor would submit that the Court may pass
appropriate Orders.
6. Considering the submissions made on either side and upon perusal of
the material on record, since crucial part of investigation has been
completed, the question of tampering with evidence does not arise. Further,
having regard to the period of detention already undergone by the petitioner,
this Court is inclined to enlarge the petitioner/accused on bail, subject to the
following conditions:
i. Petitioner/Accused shall be released on bail on his executing a
personal bond for Rs.20,000/- (Rupees twenty thousand only)
with two sureties for a like sum each to the satisfaction of the
learned Junior Civil Judge, Piduguralla.
ii. The petitioner/Accused shall appear before the learned Junior
Civil Judge, Piduguralla, twice in a week i.e., on Monday and
Thursday at 10:30 am, till further orders.
iii. The petitioner/Accused shall not leave the limits of the State
without prior permission from the learned Junior Civil Judge,
Piduguralla.
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iv. The petitioner/Accused shall not commit or indulge in
commission of any offence in future.
v. The petitioner/Accused shall cooperate with the investigating
officer in further investigation of the case and shall make himself
available for interrogation by the investigating officer as and
when required.
vi. The petitioner/Accused 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 or to any police officer.
vii. The petitioner/Accused shall surrender his passport, if any, to the
learned Junior Civil Judge, Piduguralla. If he claims that he does
not have a passport, he shall submit an affidavit to that effect to
the learned Junior Civil Judge, Piduguralla.
7. In the event of violation of any of the above conditions, the prosecution
shall be at liberty to seek cancellation of bail.
8. It is also made clear that the observations made in this order are only for
the purpose of deciding the bail applications and they shall not be construed
as opinion on the merits of the Crime.
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9. Accordingly, this Criminal Petition is allowed.
As a sequel thereto, the miscellaneous applications, if any, pending in
this Criminal Petition shall stand closed.
__________________________________________
DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Date: 09.03.2026.
KKV