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CDJ 2026 APHC 1521 My Notes print Preview print print
Court : High Court of Andhra Pradesh
Case No : Criminal Petition No. 6793 of 2026
Judges: THE HONOURABLE MR. JUSTICE Y. LAKSHMANA RAO
Parties : Chakali Murali Versus The State of Andhra Pradesh, rep. by Public Prosecutor, High Court at Amaravati
Appearing Advocates : For the Petitioner: P. Narasimhulu, Advocate. For the Respondent: Public Prosecutor.
Date of Judgment : 13-08-2026
Head Note :-
Bharatiya Nyaya Sanhita, 2023 - Sections 143(2), 144(2) read with 3(5) -
Judgment :-

1. 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.4 on bail in Crime No.201 of 2026 of Kurnool Taluk Police Station, Kurnool District, registered against the Petitioner/Accused No.4 herein for the offences punishable under Sections 143(2), 144(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’) and Sections 3(2)(a), 4(1), 5(1)(d), 7(1)(a) of the Immoral Traffic (Prevention) Act, 1956.

2. Mr.Narasimhulu Parise, the learned counsel for the petitioner, submits that the petitioner is innocent of the alleged offence and 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. In light of the foregoing submissions, the learned counsel prays that the present petition be allowed in the interest of justice.

3. Per contra, Mr.A.Sai Rohit, 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. In view of the foregoing submissions, it is urged that the petition be dismissed.

4. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record.

5. As seen from the record, the petitioner is arraigned as Accused No.4. As per the mediator report dated 19.07.2026, the petitioner allegedly went to the brothel as a customer. The petitioner was arrested on 19.07.2026 and has been in judicial custody for the past 25 days. So far, four witnesses have been examined. All of them are official witnesses. There are no similar adverse antecedents reported against the petitioner. The petitioner is permanent resident of the Kurnool District. He has got fixed abode. The material portion of the investigation with regard to the alleged role played by the petitioner has been completed. Therefore, the scope of the petitioner threatening the witnesses, tampering with the evidence, and hampering the investigation may not arise.

6. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.4, this Court is inclined to enlarge the Petitioner/Accused No.4 on bail with some stringent conditions.

7. In the result, the Criminal Petition is allowed with the following stringent conditions:

                  i. The Petitioner/Accused No.4 shall be enlarged on bail subject to his executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class-Cum-Special Mobile Court, Kurnool.

                  ii. The Petitioner/Accused No.4 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.

                  iii. The Petitioner/Accused No.4 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned.

                  iv. The Petitioner/Accused No.4 shall not commit or indulge in commission of any offence in future.

                  v. The Petitioner/Accused No.4 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.

                  vi. The Petitioner/Accused 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.

 
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