Shaik Hussain Alias Mohammad Hussain vs The State Of Andhra Pradesh on 9 March, 2026

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    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

    SPONSORED

    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



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