Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 11958 (AP)

BONI ARAVIND v. THE STATE OF ANDHRA PRADESH

CRLP/2985/2025 · 2025-03-27

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

* a_` - lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV ^ THURSDAY, THE TWENTY SEVENTH DAY OF MARC TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 2985 OF 2025 Betwee n : Boni Aravind, S/o Sanyasi Rao, aged about 28 years, R/o.D.No.13_644/1, parvathi Nagar, Arilova, VisakhaPatnam. ...Petitioner/Accused No.3 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...Respondent petition under section 480 & 483 of BNSS is filed prayl'ng that in the circumstances stated in the memorandum of grounds filed in support of the criminal petition, the High Court may be pleased tO release the Petitioner / Accused No.3 on bail in connection With Crime No. 32 / 2025 dated: o1.03.2025 Under Sections 143(3),144(2) BNS, 3(1), 4(1), 5(1)(a) PIT ACT. on the file of the Dwaraka Police Station, Vl'sakhapatnam Commissionerate, Visakhapatnam District. The petition coming On for hearing, upon Perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of SRI SRINIVASULU P Advocate for the Petitioner, and of PUBLIC PROSECUTOR for the Respondent, and the Court made the following ORDER [3369] THURSDAY ,THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL PETITION NO: 2985/2025 AND Between : Boni Aravind The State Of Andhra Pradesh |||pETITIONER/ACCUSED .,,RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.SRINIVASULU P counsel for the Respondent/complainant 1.PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition filed, u/See.437 & 439 of Cr.P.C., seeking regular bail, by petitioner/A3 in Cr.No.32/2025 of Dwaraka Police Station, visakhapatnam commissionerate registered for the offence punishable u/section 143(3), 144(2) B.N.S and Section 3(1), 4(1), 5(1)(a) Of Prevention of Immoral Traffic Act. 2. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor representing the respondenVState. 3. The case of the prosecution in brief is that: on o1.3.2025 at 6.00 pm, at CA Luxury Thai Spa, 4th floor, Krishna enclave, beside Reliance petrol bunk, Seethammapeta main road, visakhapatnam city, the Inspector of police, on receipt of Credible information, secured the presence of staff and mediators and went to the +<# try~ a_-_ above said place. They found two male persons in front office, on seeing them the said two persons got confused and they were caught hold by the police. On enquiry, they disclosed their identity particulars as that of A2 and A3 and further revealed that there are three customers inside the three rooms of the Spa with their family massage therapists and prostitution was carrying out in the said two rooms. Police found three persons in three rooms who are A4 to A6 and they were charged amounts for prostitution with the massage therapists. Al recruited young women as massage therapists lured them into engaging prostitution by force and offering additional commission apart from their salaries. Police arrested A2 to A5 and seized mobile phones, condoms, payment scanner and cash. Subsequently on 01.3.2025 at lO.30 pm Al surrendered before the Court and that Al to A3 were sent to remand. Section 35(3) B.N.S.S. notices were issued to A4 to A6. 4. Learned counsel for the petitioner contends that the petitioner has been in judicial custody from 01.3.2025 and the investigation in the present crime is almost completed, further detention of petitioner is not required and he is working in the front office i.e. in the reception. He what was going inside the Spa center and Al is the owner center. And prays to allow the criminal petition. 5. On the other hand, learned Assistant Public Prosecutor opposed to grant bail to the petitioner. He further submits that investigation is at crucial stage and that the petitioner has no previous antecedents. 6, Admittedly, it is the Case Of the Prosecution thatAl is the OWner Of the said spa. The petit'loner/A3 is working aS an Office Staff and getting salary of Rs.15,000/_ per month. lt iS Submitted by the PetitiOner'S COunSel that the petitioner has nothing to do with the activities of the A1's Spa, to get his livelihood, he joined in the Said Shop. Learned Assistant Public prosecutor has not disputed the submissions made by the petitioner's counsel. The petitioner has been in judicial Custody from 01.3.2025, this court found that most of the investigation pertaining to the role played by the petitioner in the commission of the offence has been completed. petitioner is married person and he has one male child who is aged about three years and the male child is disable person by birth i.e. he is unable to talk, walk and do any work and depends upon father and mother to attend even for nature calls. The Petitioner has got Permanent abode at visakhapatnam as such there is no possibility of his fleeing away from justice. Most of the witnesses are OffiC'lal Witnesses and release Of the accused would not cause tampering of evidence and hampering of investigation. ln view of the same, this court is inclined to grant bail to the petitioner. 8, In the result, the Criminal Petition iS allowed With the following conditions: i. The pet'ltioner/A3 herein Sha" be released On bail On his executing a personal bond for Rs.25,OOO/- (Rupees twenty five thousand Only) With two (o2) sureties for a like Sum each tO the Satisfaction Of the learned First Additional Chief Judicial Magistrate, VisakhaPatnam-, E \- I_ ii. After release7 the Petitioner Shall appear before the Station House Officer concerned once in a week i.e. on every sunday in between 10-00 am and O1,00 pm, for a period of two (o2) months; and iii. That the petitioner is directed not to hamper the investigation and tamper with the prosecution witnesses and he shall cooperate with the investigation. SD/- M.SRl ASSISTANT lSTRAR //TRUE COPY// SEC"o For. To, 1. The I Additional Chief Judicial Magistrate, Visakhapatnam. 2. The Superintendent, central prison, visakhapatnam. 3. The Station House Officer, Dwaraka Poll-Ce Station, Visakhapatnam Commissionerate, visakhapatnam District. 4. One CC to SRI. SRINIVASULU P, Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh. [OUT] 6. One spare copy _I? -® HIGH COURT TMRJ DATED.. 27/03/2025 ORDER CRLP.No.2985 of 2025 ALLOWED .llg `