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Judgment
The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.1 on bail in Crime No.46 of 2024 of Tirupati East Police Station, Visakhapatnam District, registered for the alleged offences punishable under Section 370(A)(2) of the Indian Penal Code, 1860 (for brevity ‘the IPC’) and Section 3(1), 4(1), 5(1), 7(1) of the Immoral Traffic (Prevention) Act, 1956.
Mr.Karthi Kiran Pala, the learned Counsel for the Petitioner submits that the Petitioner is innocent of the alleged offence. He has been falsely implicated by the police. It is further submitted that the Petitioner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. He is a law-abiding citizen. The Petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. Hence, it is urged to allow the Petition.
Per contra, Mr.A.Sai Rohith, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the Petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the Petitioner is released on bail at this stage, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law and urged to dismiss the Petition.
Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record.
On perusal of the record, the Petitioner was arrested on 14.08.2026. He has been in judicial custody for the past 46 days. There are altogether seven accused in this case. Accused No.2 was granted pre-arrest bail by the learned Trial Court. So far, four witnesses have been examined. The allegation against the Petitioner is that the Petitioner/Accused No.1 is the organiser of the brothel.
The petitioner is a permanent resident of Tirupati District and has got fixed abode. If the petitioner is enlarged on bail subject to stringent conditions, there is no likelihood of his absconding, threatening the witnesses, tampering with the evidence or hampering the further course of investigation. There are no adverse antecedents reported against the petitioner.
Having regard to the facts and circumstances of the case, the nature and gravity of the allegations levelled against the petitioner, the period of incarceration undergone by him and the stage of investigation, this Court is inclined to enlarge the Petitioner/Accused No.1 on bail, subject to certain stringent conditions.
In the result, the Criminal Petition is allowed with the following stringent conditions:
The Petitioner/Accused No.1 shall be enlarged on bail subject to his executing a bond for a sum of Rs.20,000/-(Rupees Twenty Thousand only) with two sureties for the like sum each to the satisfaction of the learned II Additional Judicial Magistrate of First Class, Tirupati.
The Petitioner/Accused No.1 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.
The Petitioner/Accused No.1 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned.
The Petitioner/Accused No.1 shall not commit or indulge in commission of any offence while on bail.
The Petitioner/Accused No.1 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.
The Petitioner/Accused No.1 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.
The Petitioner/Accused No.1 shall surrender his passport, if any, to the Investigating Officer. If he claims that he does not have passport, he shall submit affidavit to that effect to the Investigating Officer.