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CDJ 2026 APHC 1542 My Notes print Preview print print
Court : High Court of Andhra Pradesh
Case No : Criminal Petition Nos. 6823 & 6826 of 202
Judges: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
Parties : Javvaji Bhaskar & Others Versus The State f Andhra Pradesh
Appearing Advocates : For the Petitioner: J. Janakirami Reddy, Advocate. For the Respondent: Public Prosecutor.
Date of Judgment : 14-08-2026
Head Note :-
Bharatiya Nyaya Sanhita, 2023 - Sections 143(2), 144(2) read with 3(5) -
Judgment :-

Common Order

1. These two Criminal Petitions are heard and disposed of by this common order, as the crime in both cases is one and the same.

2. The Criminal Petition Nos.6823 & 6826 of 2026 have been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioners/Accused Nos.1, 2, 7 to 9 on bail in Crime No.201 of 2026 of Kurnool Taluk Police Station, Kurnool District, registered for the alleged 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.

3. Heard the learned counsels for the Petitioners and the learned Assistant Public Prosecutor. Perused the record.

4. Mr.J.Janakirami Reddy, the learned counsel for the Petitioners submits that the Petitioners are innocent of the alleged offence and have been falsely implicated by the police. It is further submitted that the Petitioners are the sole earning members of the families and, therefore, their incarceration would cause undue hardship to their dependents. The Petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. Hence, it is urged to allow the Criminal Petitions.

5. Per contra, Mr.Neelotpal Ganji, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the Petitioners, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the Petitioners are released on bail at this stage, there is a strong likelihood that they may abscond, thereby hampering the ongoing investigation and evading the process of law. Hence, it is urged to dismiss the Criminal Petitions.

6. On perusal of the record, this Court in Crl.P.No.6793 of 2026, vide order dated 13.08.2026, enlarged Accused No.4 on bail as he is allegedly a customer of the brothel. Accused Nos.4 to 9 in the instant case are also customers. The Petitioners were arrested on 19.07.2026. They have been in judicial custody for the past 26 days. The material portion of the investigation with regard to the alleged role played by Accused Nos.7 to 9 has been completed. Therefore, the possibility of Accused Nos.7 to 9 threatening witnesses, tampering with evidence, or hampering the investigation may not arise.

7. With regard to the nature and gravity of the allegations levelled against Accused Nos.7 to 9, this Court is inclined to enlarge them on bail, subject to stringent conditions.

8. In the result, the Criminal Petition No.6823 of 2026 is partly allowed with the following stringent conditions:

                  i. The Petitioner Nos.2 to 4/ Accused Nos.7 to 9 shall be enlarged on bail subject to them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class-cum-Special Mobile Court, Kurnool.

                  ii. The Petitioner Nos.2 to 4/ Accused Nos.7 to 9 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 Nos.2 to 4/ Accused Nos.7 to 9 shall not leave the limits of the Andhra Pradesh without prior permission from the Station House Officer concerned.

                  iv. The Petitioner Nos.2 to 4/ Accused Nos.7 to 9 shall not commit or indulge in commission of any offence in future.

                  v. The Petitioner Nos.2 to 4/ Accused Nos.7 to 9 shall cooperate with the Investigating Officer in further investigation of the case and shall make themselves available for interrogation by the Investigating Officer as and when required.

                  vi. The Petitioner Nos.2 to 4/ Accused Nos.7 to 9 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.

                  vii. The Petitioner Nos.2 to 4/ Accused Nos.7 to 9 shall surrender their passports, if any, to the Investigating Officer. If they claim that they do not have passports, they shall submit affidavit to that effect to the Investigating Officer.

9. With regard to the allegations against Accused Nos.1 to 3, it is alleged that they organized the brothel, lured customers by taking Rs.1,000/- each, and also induced the victim to indulge in flesh trade.

10. Having regard to the facts and circumstances of the case, and the gravity and nature of the allegations levelled against Petitioners/Accused Nos.1 and 2, this Court is not inclined to enlarge them on bail at this point of time, inasmuch as the investigation is still in progress and only four witnesses have been examined.

11. Accordingly, the petition insofar as it relates to Accused No.2 in Crl.P.No.6823 of 2026 is dismissed. Likewise, Criminal Petition No.6826 of 2026 filed by Accused No.1, having regard to the nature and gravity of the allegations and the stage of investigation, is also dismissed.

12. In the result, Criminal Petition No.6823 of 2026 is partly allowed and Criminal Petition No.6826 of 2026 is dismissed.

 
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