Andhra Pradesh High Court Grants Bail To Accused With Eleven Prior Antecedents

Prior criminal records alone cannot be a ground for indefinite incarceration where the accused has a fixed abode and the investigation is sufficiently advanced. The High Court of Andhra Pradesh has underscored that the grant of bail, even in cases involving multiple adverse antecedents, can be balanced through the imposition of stringent conditions to ensure the integrity of the judicial process.

In a criminal petition seeking enlargement on bail, the single-judge bench of Justice Dr. Y. Lakshmana Rao adjudicated upon the liberty of an individual who had been in judicial custody for over 70 days. The matter involved allegations under the new criminal framework, specifically the Bharatiya Nyaya Sanhita, 2023 and Bharatiya Nagarik Suraksha Sanhita, 2023, following an incident where a victim sustained grievous injuries.

Court Rationale on Liberty and Antecedents

Considering the second bail application of the petitioner, the Court noted that while the first application was dismissed in Crl.P.No.6540 of 2026, the subsequent passage of time and the status of the investigation warranted a fresh look. The Court observed that despite eleven adverse antecedents, six had resulted in acquittal, and the petitioner’s status as a permanent resident of Chennur Town reduced the likelihood of him evading the law.

The Court, in its reasoning, observed: "If the Petitioner is enlarged on bail subject to stringent conditions, there is no likelihood of his interfering with the investigation, threatening witnesses, or tampering with evidence. Having regard to the facts and circumstances of the case, the nature and gravity of the allegations levelled against the Petitioner/Accused No.5, this Court is inclined to enlarge the Petitioner/Accused No.5 on bail subject to stringent conditions."

The Court has following directions:

"i. The Petitioner/Accused No.5 shall be enlarged on bail subject to him executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the like sum each to the satisfaction of the learned II Additional Judicial Magistrate of First Class, Kadapa.

ii. The Petitioner/Accused No.5 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet.

iii. The Petitioner/Accused No.5 shall not leave the limits of the Andhra Pradesh without prior permission from the Station House Officer concerned.

iv. The Petitioner/Accused No.5 shall not commit or indulge in commission of any offence in future.

v. The Petitioner/Accused No.5 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 No.5 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.

vii. The Petitioner/Accused No.5 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have passport, he shall submit an affidavit to that effect to the Investigating Officer."

Background

The dispute originated from Crime No. 32 of 2026 registered at Kadapa Taluk U/G Police Station involving offences under Sections 191(2), 191(3), 118(1), and 109 read with 190 of the Bharatiya Nyaya Sanhita, 2023. The Petitioner, arraigned as Accused No. 5, was arrested on July 6, 2026.

Counsel for the Petitioner argued that he was falsely implicated and was the sole breadwinner for his family. Conversely, the Assistant Public Prosecutor opposed the bail, citing the ongoing investigation and the risk of the petitioner absconding given his criminal history. The Court, after perusing the records and noting that the grievous injury was caused specifically by Accused No. 8 and not the petitioner, allowed the petition under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Case Details:
Case No.: CRIMINAL PETITION NO: 7624/2026
Neutral Citation: 2026:APHC:37806
Case Title: Raja Alias Peram Raju Vs. The State Of Andhra Pradesh
Appearances:
For the Petitioner(s): D PURNACHANDRA REDDY
For the Respondent(s): PUBLIC PROSECUTOR

Source: 2026 CaseBase(AP) 15666