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Judgment
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.64 of 2026 of Narasapuram Rural Police Station, West Godavari District, registered for the alleged offences punishable under Sections 69, 78(1)(i) and 351(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’).
Mr. P. Ranga Rao, learned Counsel for the Petitioner, submits that the Petitioner is innocent of the alleged offence and has been falsely implicated by the police. It is further submitted that the Petitioner is aged about 21 years and is pursuing BCA. He has examinations on 04.11.2026. He was arrested on 17.07.2026 and has been in judicial custody since then. 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, learned Assistant Public Prosecutor, and Sri Y. Shashank, learned Counsel for Respondent No.2, vehemently oppose the grant of bail to the Petitioner, submitting that the Petitioner and Respondent No.2 had been in a physical relationship for quite some time. The Petitioner allegedly had sexual intercourse with Respondent No.2 when she was a minor and had taken videos and photographs of the said acts. The Petitioner allegedly threatened Respondent No.2 that he would post the same on social media and thereby intimidated her. He also allegedly made Respondent No.2 consume certain pills to prevent pregnancy. Hence, they urged this Court to dismiss the Petition.
Heard the learned counsel for the Petitioner, learned Legal Aid Counsel for the Respondent No.2 and the learned Assistant Public Prosecutor. Perused the record.
As seen from the record, the Petitioner is arrayed as Accused No.1 in this case. The Petitioner is required to attend his examinations on 04.11.2026 for completing his BCA course. He was arrested on 17.07.2026 and has been in judicial custody for the past 108 days. The Petitioner is a permanent resident of Kaza West Village, Elamanchili Mandal, West Godavari District, and has a fixed place of 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.
Having regard to the facts and circumstances of the case, the nature and gravity of the allegations levelled against the Petitioner/Accused No.1, this Court is inclined to enlarge the Petitioner 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 Two Thousand only) with two sureties for the like sum each to the satisfaction of the learned Principal Civil Judge (Junior Division)-cum-Judicial Magistrate of First Class Court, Narsapuram.
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.