Shaik Jaleel vs The State Of Andhra Pradesh
- Citation2026 SCC OnLine AP 1085
Ratio decidendi
The rule this decision rests on
When bail is cancelled on grounds of violation due to statements made to the press, if the bail conditions did not expressly restrain such public statements and the statements were made in a moment of emotional distress rather than with calculated intent to interfere with justice, the mere fact of such statements alone is insufficient to sustain the cancellation, and bail may be restored with express conditions prohibiting press meetings and public statements about the case through any medium.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
APHC010154232026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3396] (Special Original Jurisdiction)
THURSDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 2351/2026
Between:
1. SHAIK JALEEL, S/O SHAIKYASIN, AGED ABOUT 52 YEARS, OCC BUSINESSR/O PEDDAVADLAPUDI VILLAGE, MANGALAGIRI MANDAL,GUNTUR DISTRICT, ANDHRA PRADESH.
...PETITIONER/ACCUSED
AND
1. THE STATE OF ANDHRA PRADESH, REP.,BY ITS PUBLIC PROSECUTOR,HIGH COURT, AMARAVATHI.
...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 Court pleased to enlarge the petitioner on Regular Bail in Cr.No.531 of 2025 on the file of the Court of the Additional Civil Judge (Junior Division), Mangalagiri, Guntur District, such terms and conditions as this Hon'ble Court deems fit and proper in the circumstances of the case.
Counsel for the Petitioner/accused:
1. V R REDDY KOVVURI
Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR 2
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 2351/2026
ORDER:
This Criminal Petition, under Sections 480 and 483 of the BNSS, has
been filed by the Petitioner herein/Accused No.1, seeking regular bail, in
Cr.No.531 of 2025 of Mangalagiri Rural Police Station, registered for the
offences punishable under Section 318(4), 351(3), 336(3), 336(2), 340(2),
61(2), 308(2) r/w 3(5) of Bharatiya Nyaya Sanhitha, 2023 (for brevity "BNS").
2. Heard Sri V.R.Reddy Kovvuri, learned counsel for the petitioner and
Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the
State. Learned Assistant Public Prosecutor would submit that notice is served
on the defacto complainant through police.
3. The case of the prosecution, in brief, is that, the defacto complainant
gave a report stating that on 30.11.2025, the complainant along with others
confronted the workers and A2 while two JCB machines were seen cutting
trees on the complainant's land. They showed an agreement dated
18.12.2023 in which the complainant had sold 10.27 acres of vacant land to
A1, but the complainant do not even know who is A1 and the accused
threatened the complainant that bigwigs were involved in the matter. A1 made
fake documents in complainant's name and forged all their signatures and the
accused and some others conspired to grab the lands of the complainant. 3
4. Learned counsel for the petitioner would submit that the
petitioner/accused No.1 was previously enlarged on regular bail vide
Crl.M.P.No.786 of 2025 dated 24.12.2025 by the learned Additional Judicial
Magistrate of First Class-cum-Additional Civil Judge (Junior Division),
Mangalagiri. Subsequently, the Police, Mangalagiri P.S., filed an application
dated 19.01.2026 in Crl.M.P.No.56 of 2026 on the file of the learned Additional
Civil Judge (Junior Division) and the same was allowed on 03.02.2026 by
cancelling the bail granted earlier on the ground that the petitioner had
violated the conditions imposed, by conducting a press meet and commented
on the case. Since 03.02.2026, the petitioner has been in judicial custody. It is
argued that the petitioner's statements during the press meet were made in a
moment of anguish and do not amount to misuse of bail or interference with
justice, and therefore bail should be granted again.
5. Learned Assistant Public Prosecutor opposed the petition by contending
that the petitioner's statement that he would "see the end" of the complainant,
amounts to criminal intimidation and misuse of the liberty granted, which could
affect the fair course of the trial. Learned Assistant Public Prosecutor would
submit that the Court may pass appropriate orders.
6. Considering the submissions made by both sides and upon perusal of
the material placed on record, the grievance of the complainant appears that,
after his release on bail, the accused conducted a press meet and stated that
he would "see the end" of the person who had lodged a false complaint
against him. The record further reveals that, while granting bail, no condition 4
was imposed restraining him from commenting on the case through social
media or any other electronic media, which may have led the petitioner to
address the press and make statements regarding the case that is still
pending consideration before the Court. It appears that, in a state of anguish,
he may have made the said statement; however, such a statement alone
cannot constitute sufficient ground for cancellation of bail. In that view of the
matter, this Court is inclined to grant regular bail to the petitioner/Accused
No.1 on the following conditions:
i) The petitioner/accused No.1 shall execute a personal bond
for a sum of Rs. 20,000/- (Rupees Twenty Thousand only) with
two sureties for a like sum each, to the satisfaction of the learned
Additional Judicial Magistrate of I Class-cum-Civil Judge (Junior
Division) Court, Mangalagiri.
ii) The petitioner/accused No.1, shall appear before the Station
House Officer concerned, twice in a week i.e., on every
Wednesday and Saturday between 10:00 AM and 05:00 PM, till
further orders.
iii) The petitioner/accused No.1 shall appear before the
Investigating Officer as and when required and cooperate with
the investigation.
5
iv) The petitioner/accused No.1 shall not directly or indirectly
induce, threaten or influence any witness acquainted with the
facts of the case.
v) The petitioner/accused No.1 shall not tamper with the
prosecution evidence in any manner.
vi) The petitioner/accused No.1 shall not leave India without
prior permission of the Court concerned.
vii) The petitioner/accused No.1 shall furnish his residential
address and contact details to the Investigating Officer and shall
keep the Investigating Officer informed of any change of
address.
viii) The petitioner/accused No.1, shall surrender his passport, if
any, to the Investigating officer. If he claims that she do not have
passport, he shall submit an affidavit to that effect to the Court
concerned.
ix) The petitioner/accused No.1 shall furnish information relating
to the offence if any, for the purpose of early conclusion of
investigation.
x) The petitioner/accused No.1 shall refrain from conducting any
press meets and shall not directly or indirectly make any
statements relating to this case in the social media or any other
social network platform 6
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.
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: 02.04.2026.
UPS 7 105 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 2351/2026
Dt.02.04.2026
UPS
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