Pilleti Lokesh Kumar vs State Of Andhra Pradesh

K. Sreenivasa Reddy, J

This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner herein/A4, seeking anticipatory bail, in connection with Crime No.25 of 2025 of Bhimavaram II Town Police Station, West Godavari district.

Originally, a case was registered against the petitioner herein and others for the offence punishable under Section 137(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023. During the course of investigation, police have altered the sections of law to one under Sections 61(2), 204, 319(2), 140(1), 140(2), 308(5) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023.

Case of the prosecution, in brief, is that on 16.01.2025, at about 11.40 AM, the de facto complainant, accompanied by his father, grandfather and grandmother, left from their home and went to Town Railway Station, Bhimavaram-2 in their Car to go to Hyderabad for his grandmother’s heart surgery, following which he parked the Car in front of Railway Station and took luggage and they went to the platform, but his father stood at the Car. After a little while, when the de facto complainant came back to take his father, his father was not there. He came to know through neighbours that his father was kidnapped by four un-known persons by tightly holding his hands and legs and get him into the Car bearing registration No.AP 39 LR 6788 and fled the spot. The de facto complainant did phone call to his father, but it had been switched off. Hence, he filed a written report to the police.

Heard. Perused the record.

A perusal of the material on record goes to show that the father of the de facto complainant is alleged to have borrowed amounts from A1 and A2 and that he did not return the amounts to them. It is alleged that A1 and A2 in connivance with the other accused are alleged to have kidnapped the father of the de facto complainant. A2 is alleged to have made a confessional statement before the police that A5 to A10 are alleged to have kidnapped the father of the de facto complainant and they are supposed to hand over the de facto complainant to A3 and A4. It is further alleged that A4, after having taken the de facto complainant into his custody, is alleged to have threatened the de facto complainant at the point of knife.

Learned Additional Public Prosecutor submits that major portion of investigation has been completed and charge sheet could not be filed for apprehension of other accused.

Entire case rests on the confessional statement of co-accused and based on the confession made by the co-accused the name of the petitioner herein is arraigned as accused in the present crime. At this stage, the confession made by the co-accused is material and the same cannot be brushed aside on the ground that it is not admissible. It has to be seen whether any corroboration has been found during the course of investigation or not. However, since major portion of investigation has been completed, this Court is inclined to grant anticipatory bail to the petitioner herein.

Accordingly, in the event of arrest of the petitioner herein in the above crime, he shall be enlarged on bail on his executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like sum each to the satisfaction of the concerned Arresting Officer. Petitioner shall cooperate with the investigation and he shall make himself available for interrogation by a police officer as and when required and he shall not cause any threat, inducement or promise to the prosecution witnesses. Petitioner shall appear before the Station House Officer concerned once in a week i.e. on every Saturday between 10.00 AM and 1.00 PM till filing of the charge sheet.

The Criminal Petition is, accordingly, allowed.

As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.