(Prayer: 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 Crime No. 28/2026 of Kancharapalem Police Station, Visakhapatnam District on such terms and conditions as this Hon’ble Court deems fit and proper and pass)

1. This Criminal Petition, under Sections 483 of the BNSS, has been filed by the Petitioner herein/Accused, seeking regular bail, in Crime No. 28/2026 of Kancharapalem Police Station, Visakhapatnam District, registered for the offences punishable under Sections 69 and 88 of the Bharatiya Nyaya Sanhitha (for short “BNS”).

2. The case of the prosecution, in brief, is that the de facto complainant and the accused were acquainted since 2024, which subsequently developed into a love affair. The de facto complainant alleged that the accused, under a deceitful promise of marriage, induced her to have sexual intercourse, resulting in her pregnancy. Subsequently, the accused allegedly coerced her to undergo an abortion at Vaatsalya Hospital, Madhurawada, on 10.01.2025, misappropriated her gold ornaments, and thereafter refused to marry her.

3. Heard Sri Rajesh Matcha, learned counsel for the petitioner/accused and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing on behalf of the State.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has no involvement in the alleged offence. The petitioner has been in judicial custody since 11.02.2026, and his continued incarceration is wholly unjustified, especially when no prima facie material exists against him. The statutory period has also expired. Learned counsel for the petitioner further submits that the petitioner is entitled for his release on statutory bail under Section 187 of BNSS. The petitioner undertakes to abide by any conditions that may be imposed by this Court. Learned counsel for the petitioner finally prays to allow the petition by imposing any conditions.

5. Learned Assistant Public Prosecutor vehemently opposed the petition and submits that the investigation is not yet completed and material witnesses are yet to be examined. She would further submit that the Court may pass appropriate orders by imposing stringent conditions.

6. Considering the submissions made and on perusal of the material on record, as rightly put by the learned counsel for the petitioner, the investigation has to be completed and charge sheet need to be filed within 60 days from the date of the judicial custody of the petitioner. In the present case though the statutory period is expired, no report has been filed by the police completing the investigation. In that view of the matter, the petitioner is entitled to be released on default bail.

7. In view of the peculiar facts and circumstances of the present case, this Court is inclined to release the petitioner/accused on bail on the following conditions:

                  i. The petitioner/accused 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 VII Additional Judicial Magistrate of First Class Court, Visakhapatnam.

                  ii. The petitioner/accused shall not directly or indirectly tamper with evidence nor influence, intimidate, or induce any prosecution witness or contact the victim through phone or any other means.

                  iii. The petitioner/accused shall surrender his passport, if any, to the concerned Court. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the concerned Court.

                  iv. The petitioner/accused shall not leave the country without the express permission from the concerned Court.

                  v. The petitioner/accused shall appear before the Station House Officer concerned, once in a week i.e., on every Saturday, between 10.00 AM to 05.00 PM., till filing of charge sheet.

                  vi. The petitioner/accused shall appear before the Investigating Officer as and when required and cooperate with the investigation.

8. In the event of violation of any of the above conditions, the prosecution shall be at liberty to seek cancellation of bail.

9. It is also made clear that the observations made in this order are only for the purpose of deciding the bail application and they shall not be construed as opinion on the merits of the Crime.

10. Accordingly, this Criminal Petition is allowed.

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