IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA^^^f^ WEDNESDAY, THE SEVENTH DAY OF MAY, TWO THOUSAND AND TWENTY FIVE iPRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA R CRIMINAL PETITION NO: 4706 OF 2025 Between: Sunkesula Sreenivasulu, S/o Subba Rao, aged about 27 years, Salathimayyapalli Village Jambapuram Kamalapuram Mandal Kadapa District ...Petitioner/Accused No.1 AND The State of Andhra Pradesh, reptd by its Public Prosectuor, A.P.High Court, amaravathy (SHO Muthukur PS SPSR nellore District) ...Respondent/Compiainant Petition under Section 437 & 439 of Cr.P.C r/w Section 480 & 483 of BNSS, 2023 is filed praying that in the circumstances stated in memorandum of grounds of Criminal Petition, the High Court may be pleased to grant regular bail/to enlarge the petitioner/Accused on bail, herein due to arrest of the accused by the Muthukuru police station of SPSR Nellore District in Crime No. 106/2025 dt. 9.3.2025, registered for offences punishable under Sections 69,318(4)BNS; The petition coming on for hearing, upon perusing the Petition and memorandum of grounds of criminal petition and upon hearing the arguments of Sri S.S.Bhatt, Advocate for the Petitioner and Public Prosecutor for the Respondent; IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4706/2025 Order; This Criminal Petition under Sections 480 and 483 of B.N.S.S., has been filed by the petitioner/Accused, seeking regular bail in Cr.No. 106/2025 of Muttukur Police Station, Sri Potti Sriramulu Nellore District. registered against the petitioner/Accused herein for the offence punishable u/Secs. 69, 318(4) of BNS. 2. The above said crime was In brief, it is the case of prosecution that this is a case of “sexual intercourse induced by deceit including false promises of marriage and cheating without marrying” that occurred prior to 09.03.2025 at Jangala Kandriga Village of Muthukur Mandal and other places and reported on 09.03.2025 at 14.00 hours wherein the petitioner/accused contacted in phone call and chatting with the defacto complainant freely, then both were fallen in love from the year 2017. In continuation of their love, the accused took her away and enjoyed her by participating in sexual intercourse and also believing his sweet coated words, she gave 3. 2 Rs.3,00,000/- through phone pay and other transactions. On receipt of phone call from the accused with deceitful words to marry her, she went to Tirupati on 10.02.2025, the accused took her into the Sriram Lodge, Tirpuathi and forcibly participated in sexual intercourse. When, she questioned about marriage, the petitioner/accused refused to marry her and beat her and necked away. On that, she attempted to commit suicide by sliced her left wrist. But, her parents saved her life and went to the house of accused, held mediation, but the petitioner/accused and his parents refused their marriage proposal and asked proof about their sexual intimacy. All the efforts made, proved futile. Basing on the report given by the defacto complainant, the present case was registered and investigated into. During the course of investigation, the petitioner/accused was arrested and produced before the Court on 11.03.2025 for judicial remand. 4. Heard and perused the record. 5. The learned counsel for the petitioner submits that the petitioner has been in judicial custody since 11.03.2025. He further submits the defacto complainant/victim is aged about 30 years, whereas the petitioner is aged about 27 years. A reading of the report also indicates that they have been in relationship since 8 years. The learned counsel for the petitioner further submits that the petitioner has been in judicial custody since 11.03.2025. The learned counsel for the petitioner further that 3 submits that the petitioner has a permanent abode at Salathimayyapalli Village, Kadapa District, and there is no possibility of his fleeing away from the Jurisdiction of the Court. The learned Assistant Public Prosecutor, while opposing the prayer of the petitioner/accused, submits that the investigation is not yet.^ \ complete. Upon inquiry, the learned Assistant Public Prosecutor confirmed that the petitioner has no criminal antecedents. 6. \ V. \ 7. This Court, without going into the submission made by the learned counsel for the petitioner regarding the applicability of Section 69 of the BNS (Section 376 of the IPC), finds that further detention of the petitioner is no longer required for conducting further investigation. Therefore, this Court is inclined to grant bail to the petitioner/accused, subject to the following conditions: (i) The petitioner/accused herein shall be released on his executing a personal bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for a like sum each to the satisfaction of the learned Special Judicial Magistrate of First Class for Railways, Nellore; (ii) On release, the petitioner/accused shall appear before the Station House Officer concerned on every Sunday between 10.00 a.m. and 1.00 pm for a period of three (03) months. 4 (iii) The petitfoner/accused evidence and hamper the investigation for investigation. Accordingly, the Criminal Petition is allowed. shall not tamper with the and shall cooperate 8. SD/- K. KASIRAO ACHARI ASSISTANTKEGISTRAR //TRUE COPY// SECTION OFFICER F< To, 1. The Judicial Magistrate of 1 St class for railways Nellore 2. The Superintendent, Sub Jail, Nellore. 3. The Station House Officer, Muthukur Poiice District Station SPSR Nellore 4. One CC to Sri. S.S.Bhatt, Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Court o. One spare copy of AP [OUT] MM T HIGH COURT TW1R,J DATED;07/05/2025 ORDER CRLP.No.4706 of 2025 |\NOi^S allowed : i *»'" ■