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2025 DAILYLAW 17887 (AP)

N MOULALI SAHEB v. THE STATE OF ANDHRA PRADESH

CRLP/5229/2025 · 2025-06-22

Venkata Jyothirmai Pratapa

body2025

Judgment text

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lN THE HIGH COURT OF AitDHRA PRADESH AT AMARAVAT MONDAY,THETWENTYTHIRDDAYOFJUNE I ;;€ TWO THOUSAND AND TWENTY FIVE ; PRESENT: I HONOURABLE DR JUSTICE VENKATA_JYOTHIRMAI PRATA-PA cRIM[NAL P`ET'!T[ON NO: 5229 OF 2025 Betwe'e n`l :-- N Moulali Saheb, S/o Reddy Saheb, Aged about 58 years, Occ Cultivati`on, R/o Vidhya Nagar Colony, Peddamandyam Village and mandal, Annamayya District. AND I Petitioner/Accused The State of Andhra Pradesh, Rep.by its Public Prosecutor, Through Station House Officer, Chitvel Police Stati6n`, Annamayya district Respondent/Complainant 4. PetI-lion under Sections 480 & 483 of BNSS is filed praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge/release the petitioner herein/Accused No.1 on regular bail in Crime No.58 of 2025 of ChitveI Policd station, Annamayya District dated 09.04.2025, Pending Disposal of CRLP No.5229 of 2025 on the file of the High Court. `+. couNSEL FOR THE PET[TIONE-R:.SRI AYESHA AZMA couNSEL FOR THE RESPONDEN+.I PUBHC PROSECUTOR _'T-_-_ ___a - -__-_-; -_/ I. // /I/ />, /-- re' APHCO10247592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) I [3396] . MONDAY ,THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 5229/2025 Between : N Moulali Saheb AND The State OfAndhra Pradesh Counsel for the Petitioner/accused: H.PETITIONER/ACCUSED I..RESPONDENT/COMPLAINANT '1.AYESHAAZMA S Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: + _ -_`__-` _+-_____. -_---i_I /_ is| Z= . 2 THE HONOURABLE, DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO 5229 of 2025 ORDER: This Criminal Petition, under sections 480 and 483 of th6 Bharatiya Nagarik SiJrakSha Sanhita, 2023,-has been filed by 'the p6titioner/Accused No.1,I seeking regular bail, in Crime No.58 of 2'025 of ChitveI Taluk Police station, Annamayya Distri-ct. 2. A case has been registered against the petitione-r and others herein for the offence punishable under Sections 143(1),143(2),143(3), 336, 318 of BNS Act and Section 5 of ITP Act and Section 12 of Passport Act. 3. Case of the prosecution, in brief, is that, the petitioner is a travel agent who is involved in trafficking a woman with her consent, by creating fake travel documents. He obtained money from the`defacto complainant and send her to Kuwait via Muscat on tourist visa from Hyderabad. On her arrival, at Kuwait airport, her documents were found to be false and she was sent back to India. Again, the petitI-Oner and A2 informed her that if She COuld arrange Rs.80,000/- they would send her to -Bahrain on tourist visa and she would pay the said amount after reaching Bahrain and as such, the petitioner arranged fake documents and sent her to Bahrain and again she was deported from Bahrain after finding the fake documents possessed by her. The defacto complainant lodged the complaint after reaching India. Euii+ h_ iM 4. Heard the learned counsel for the petitioner and learned Assistant Public Prosecutor representing the respondent/State. Perused th.e material on record. 5. Now the point for determination is; fWhether there are any.justifiable grounds to release the pe.titioner on bail'? 6. Learned Counsel for the Petitioner would submit that petitioner has been'in judicial custody si`nce 17.04.2025. Learned counsel would submit that petitioner is ready to furnish the sureties to the satisfaction of the court. Investigation might have been comple-ted by this time. There are no ingredients to attract the offence of trafficking because the victim having knowledge that.she is going to Kuwait via Muscat, she had been to such places. Fals'e case has been lodged against the petitioner only to blackmail him. Learned counsel prays tc; allow the application. 7. Learned Assistant Public Prosecutor.would submit that Court may pass appropriate Order.s. 8. Considering the submissions made and on perusal. of the material on record, the defacto-complainant in the said case having knowledge that she was going to Kuwait via Muscat for trafficking and for the second time having knowledge that.she vyas moved to Bahrain to travel to such places, this is not \ a stage to decide the culpability by accepting the allegations since investigation tis pending in this case, As the crucial part of the investigation is Tfff= rpr= / /J/ . 4 •l completed'since it is pending for examination of some other witnesses, it is desirable to release the petitioner on bail on the following conditions|.- i) The petitioner/Accused No.1 shall be released On ba" On eXeCut'lng a personal bond for Rs.2O,00O/T (Rupees Twenty Th9uSandr Only) with two sureties of the like Sum each to the satisfaction of the concemed Magistrate Court; ii) on release, the petitioner shall appear before the. Station House officer concerned, once in a w6ek i.e., every Sunday between 10:00 AM to 5-,00 PM, till filing of the charge Sheet; iii) The petitioner shall not, directly Or indirectly, make any in,duCement, threat 'or promise to `any person` acquainted w',th the present case so as to dissuade' him/her from disclosing such' fac-ts to the Court or to any inve;tigat'lng or policel officer. 9. Accordingly, the Criminal Petition is allowed. As a sequel thereto, the miscellaneous applications, if any, Pending in I E= / I,I r~ l this criminal petition shall stand closed. //TRUE COPY// |~., ..ll.llll.I _ .l-_ --`----lit-:-I:3:irT-FIT-,`r-----: T r- S d/T :,B I-. C-H ITTi A ASSISI'ANT~''-R For Al a:I_I<.- a:a L__.'^ .~_ == To) SECTION OFFICER 1. The Judicial Magistrate of First Class, Rajarnpet 2. The Station House Officer, Chitvel Police Station, Annamayya district 3. The Superintendent, Central Prison, Kadapa 4. One CC t'o M/s. Ayesha Azma S, Advocate [OPUC] 5. Two CCs to Public Prosecutor, lligh Court ofAndhra Pradesh [OUT] a, I nna or`-ra n^r`\, jet HIGH COURT Dr. VJP, J DATED: 23/06/2025 BAIL ORDER ORDER CRLP.No.5229 of 2025 ALLOWED