CRLP/15730/2026 of Shaik Pasha, Vs The State of T.S., on 6 October 2026

COMMON ORDER

1. These Criminal Petitions are filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) praying this Court to enlarge the petitioners on bail who are arrayed as A1, A3 and A2 in connection with Crime No.215 of 2026 of P.S. Huzurnagar, Suryapet District. The offences alleged against the petitioner Nos.1 to 3 - A1, A3 and A2 are punishable under Sections 318(4), 316(5), 111(4) of the Bharatiya Nyaya Sanhita Act, 2023 (for short ‘BNS’) and Section 7 of the Essential Commodities Act (for short ‘E.C.Act’).

2. Heard Sri B.Yadaiah, learned counsel for the petitioners

- A1, A3 and A2 and Sri D.Arun Kumar, learned Additional Public Prosecutor for the respondent - State.

3. Learned counsel for the petitioners submits that prosecution case is primarily based on the alleged seizure of PDS rice and the lorry bearing Registration No.AP-24-TB- 3479, the alleged rice and vehicle have already been seized and are admittedly in the custody of the investigating agency. There is no allegation against the petitioner No.1-A1 that he used force, violence, threat or intimidation against any person and the case is essentially based on official records, the alleged seizure, statements of witnesses and documentary/material evidence. The prosecution has to necessarily establish the ingredients of Section 316(5) of BNS and Section 318(4) of the BNS. Invocation of Section 111(4) of BNS is prima facie is questionable in the facts and circumstances of the present case and Section 111 deals with organised crime and its statutory scheme requires the existence of the ingredients specified therein. Petitioner No.3- A2 is the sole bread winner of his family and his wife recently delivered a Baby girl on 02.09.2026 in Govt. Hospital, Huzurnagar, and the Petitioner Nos.1 and 3-A1, A2 were arrested on 04.09.2026 and the petitioner No.2-A3 was arrested on 10.09.2026 and they were remanded to judicial custody, since then they are in jail and they have made out a case for grant of regular bail, prayed to grant bail to the petitioner Nos.1 to 3-A1, A3 and A2.

4. Learned Additional Public Prosecutor submits that the role played by the petitioner Nos.1 to 3-A1, A3 and A2 is depicted in the remand case diary.

5. Palle Giri Prasad has lodged a report before P.S. Huzurnagar on 02.09.2026 stating that he received credible information from Huzurnagar police regarding the illegal transport of Government distributed ration rice in a lorry bearing registration No.AP-24TB-3479 at Madhavarayinigudem Village, Huzurnagar Mandal. Immediately, he conducted inspection and confirmed the cargo to be government supplied ration rice. The stock is 170 quintals (340 bags) which was illegally transporting to A.Babu and the PDS rice worth is Rs.3,40,000/-. Basing on the said complaint, FIR came to be registered.

6. Petitioner No.1-A1 along with petitioner No.3-A2 were arrested and remanded to judicial custody on 04.09.2026, since then they are in jail. On the confession statement given by the petitioner Nos.1 and 3-A1 and A2, petitioner No.2-A3 was arrested and remanded to judicial custody on 10.09.2026. It is stated in the remand case diary that A4- Ragam Lingaiah (Ration dealer), A5-Dasari Dhanamurthi (Ration dealer), A6-Nakarekanti Srinu and A7-Madhu are absconding. Petitioner No.1-A1 is also shown as a Ration Shop dealer in the remand case dairy.

7. This Court is conscious of the fact that petitioner No.2- A3 is involved in three other crimes i.e., (1) Crime No.218 of

2019 of P.S. Wadapally, Crime No.58 of 2021 of P.S. Medlachervu which are pending trial and Crime No.116 of 2022 of P.S. Huzurnagar, the case is settled before the Lok Adalat. Remand Case Diary goes to show that respondent- State has altogether examined LWs.1 to 8.

8. Material on record goes to show that the major portion of the investigation is completed and detaining the petitioner Nos.1 to 3 - A1, A3 and A2 further in judicial custody will not serve the purpose. Hence, they are entitled to be enlarged on bail.

9. In the result, petitions are allowed subject to the following conditions : i. The petitioners - A1, A3 and A2 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 Principal Judicial First Class Magistrate at Huzurnagar, Suryapet District.

ii. The petitioners - A1, A3 and A2 shall appear before the concerned SHO in between 10:00 a.m. and 5:00 p.m., on every Sunday for a period of eight (8)

weeks or till filing of charge sheet whichever is earlier, for the purpose of investigation and thereafter, as and when required.

iii. The petitioners- A1, A3 and A2 shall abide by the conditions stipulated in Section 437(3) of Cr.P.C. (presently, Section 480(3) of the BNSS).

iv. The petitioners- A1, A3 and A2 shall not directly or indirectly influence, threaten, or induce any of the prosecution witnesses.

v. In the event of violation of any of the above conditions, the prosecution is at liberty to file an application for cancellation of bail.

Miscellaneous applications, if any pending, shall stand closed.

______________________________

B.R.MADHUSUDHAN RAO, J 6th October, 2026 PLV

THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO

CRIMINAL PETITION Nos.15730, 15731 and

DATE: 06.10.2026

PLV