Andhra Pradesh High Court – Amravati
Shaik Hidayath vs The State Of Andhra Pradesh on 21 May, 2026
APHC010280042026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3573]
(Special Original Jurisdiction)
THURSDAY,THE TWENTY FIRST DAY OF MAY
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI
CRIMINAL PETITION NO: 4436/2026
Between:
1. SHAIK HIDAYATH, S/O. SHAIK AHMAD BASHA,MUSLIM, AGED
ABOUT 27 YEARS,RESIDING AT DOOR NO. 8-547,HARA HARA
BHAVI STREET, KOTHAPETA,SRIKALAHASTI TOWN, TIRUPATI
DISTRICT - 517 644,
...PETITIONER/ACCUSED
AND
1. THE STATE OF ANDHRA PRADESH, ,rep by its Public
Prosecutor,High Court of Andhra Pradesh, At Amaravati.
...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 release 9 the petitioner/accused
No. 2 on bail, pending investigation, inquiry and trial in Crime No. 38/2026 of
Srikalahasti – II Town Police Station, Tirupati, District and pass
Counsel for the Petitioner/accused:
1. VAJJA CHETHAN KUMAR REDDY
Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR
2THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI
Criminal Petition No: 4436/2026
The Court made the following Order:
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 No. 2 on bailin connection with Crime No. 38/2026 of
SrikalahastiII-Town Police Station, Tirupati, District, registered for the offence
punishable under Sections 351(2), 126(2), 137(2), 49, 109(1) r/w 3(5) of
Bharatiya Nyaya Sanhita, 2023 (for short ‘the BNS’).
2. Heard learned counsel for the petitioner and the learned Assistant
Public Prosecutor. Perused the record.
3. Learned counsel for the petitioner submits that the petitioner/Accused
No.2 herein is a law-abiding citizen. Learned counsel for the petitioner would
further submit that the petitioner was arrested on 22.03.2026 and he is in
judicial remand till today. Learned counsel for the petitioner would submit that
there are no criminal antecedents against him. Learned counsel further
submits that the investigation is also substantially completed and no prejudice
would be caused to the prosecution if the petitioner is enlarged on bail. The
petitioner is ready to furnish sufficient sureties and abide by any conditions
imposed by this Court. Learned counsel for the petitioner would submit that
the wound certificate reflects only simple injuries.
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4. Learned Assistant Public Prosecutor submits that the investigation is
still pending. She further submits that the prosecution needs to examine more
witnesses and that the injuries sustained by the injured are simple in nature
and also states that there are no criminal antecedents against the petitioner.
She further submits that if the petitioner is enlarged on bail, there is every
likelihood of his committing similar offences and threatening the witnesses.
Therefore, she sought dismissal of the petition.
5. Considering the submissions made on either side, and upon perusal of
the material available on record, and also considering the bail granted to
accused Nos.3 to 5in Crl.P.No.3753 of 2026 by Coordinate Bench of this
Court,who are allegedly involved in similar offences, and considering that the
allegations against accused Nos.3 to 5 as well as the petitioner are similar in
nature, this Court is of the view that the petitioner is entitled to be enlarged on
regular bail, subject to the following conditions:
i. The petitioner/Accused No.2 shall execute a personal bond for a
sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two
sureties for a like sum each to the satisfaction of the learned Additional
Junior Civil Judge, Srikalahasti.
ii. The petitioner/Accused No.2 shall appear before the
Investigating Officer as and when required and cooperate with
the investigation.
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iii. The petitioner/Accused No.2 shall not directly or indirectly
tamper with the prosecution evidence nor influence, threaten,
intimidate, or induce any prosecution witness.
iv. The petitioner/Accused No.2 shall appear before the
concerned Station House Officer once in a week, i.e., on every
Sunday between 10:00 a.m. and 5:00 p.m., till filing of the
charge sheet.
v. The petitioner/Accused No.2 shall not commit or involve
himself in any offence during the pendency of the case.
vi. The petitioner/Accused No.2 shall surrender his passport, if
any, before the concerned Court. In case he do not possess
passport, he shall file affidavits to that effect before the
concerned Court.
vii. The petitioner/Accused No.2 shall not leave the country
without prior permission of the concerned Court.
6. In the event of violation of any of the above conditions, the prosecution
is at liberty to seek cancellation of bail.
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7. It is made clear that the observations made in this order are only for the
purpose of deciding the present bail application and shall not be construed as
an expression of opinion on the merits of the case.
Accordingly, the Criminal Petition is allowed
_________________________
JUSTICE BALAJI MEDAMALLI
Date:21.05.2026
KKV/KSJ
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THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI
Criminal Petition No:4436 of 2026
Date:21.05.2026
KKV/KSJ
