1. The Criminal Petition has been filed under Section 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioner/Accused for granting bail in connection with Crime No. 222 of 2025 of IV Town Police Station, Visakhapatnam Commissionerate, registered for the alleged offence punishable under Section 69 of Bharatiya Nyaya Sanhita, 2023.
2. Heard the learned Counsel for the Petitioner and the learned Assistant Public Prosecutor for the State and learned Legal Aid Counsel for the Respondent No.2.
3. Learned Assistant Public Prosecutor and learned Legal Aid Counsel for Respondent No.2 submits that the Petitioner having exploited the Respondent No.2 sexually under the guise of marriage, did not marry her and demanded for providing huge amount towards dowry and also valuable property including gold and silver ornaments. The Petitioner is not entitled for any relief and request to dismiss the Criminal Petition. However, learned Legal Aid Counsel for the Respondent No.2 submits that the defacto complainant/ victim is still intends to marry the Petitioner.
4. On perusal of the record, the Petitioner is aged about 29 years and the victim is aged about 22 years. Written Complaint of the defacto complainant reveals that the Petitioner and the victim have been in love for two years and it was known to elders of both families. The Petitioner and Respondent No.2 participated in the sexual intercourse on several occasions, later, Respondent No.2 got pregnancy. With the help of local clinic, her pregnancy was terminated. The Petitioner and Respondent No.2 are close relatives. Later, the parents of the Petitioner did not agree for the marriage in between the Petitioner and Respondent No.2. It is alleged that dowry was demanded for the marriage.
5. The Petitioner was arrested on 24.10.2025. He has been in judicial custody for the past 75 days. So far, 9 witnesses were examined. Substantial portion of investigation is completed. Material witnesses have been examined. The Petitioner is a permanent resident of D.No.25-41-222, Chiakapeta, near Lakshmi Talkies, Visakhapatnam. He has got fixed abode. If he enlarged on bail with certain stringent conditions, he may not evade from the process of law. No application is filed seeking custodial interrogation of the Petitioner. The period within which, the application could be filed for grant of police custody is also expired.
6. Considering the nature and gravity of allegation levelled against the Petitioner, his alleged role played in this case, and the period of detention undergone by the Petitioner, this Court is inclined to enlarge the Petitioner on bail with the following stringent conditions:
7. In the result, the Criminal Petition is allowed with the following conditions:
i. The Petitioner/Accused shall be enlarged on bail subject to his 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 I Additional Judicial Magistrate, Visakhapatnam.
ii. The Petitioner/Accused shall appear before the Station House Officer, IV Town Police Station, Visakhapatnam Commissionerate, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court.
iii. The Petitioner/Accused shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned.
iv. The Petitioner/Accused shall not commit or indulge in commission of any offence in future.
v. The Petitioner/Accused 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 or to any police officer.
vii. The Petitioner/Accused shall surrender his passport, if any, to the investigating officer. If he claims that he do not have passport, he shall submit an affidavit to that effect to the Investigating Officer.
8. Accordingly, the Criminal Petition is allowed.




