+ {1\.. + \ I lN THE HIGH COURTOF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE I.C.D.SEKHAR CRIMINAL PETITION NO: 5758 OF 2025 Between : Kuncham Avinash Benjamin, S/o (Late) Kuncham Benjamin Prasad , Aged32 yrs, D.no.ll-30-42/2 James , Street, Opp CBM High School Road Petitioner/ Accused No.2 AND The State OfAndhra Pradesh, Through the S.H.O., Bheemunipatnam p.s., Rep., by its PubII'C Prosecutor Higin Court at Amaravathi. .... Respondent/Complainan± Petition under section 187 of BNSS R/w Sec 480 & 483 of BNSS, prayl'ng that in the circumstances stated in the affidavit filed in support of the CrI'minaI Petition, the High Court may be pleased Enlarge the Petitioner/A-2 on Statutory /Default Bail in connection with the crime No.413/2024 of Bheemunipatnam p.s., visakhapatnam by Allowing the Criminal Petition. The petition coming on for hearing, upon perusing the petition and the affidavit filed in support thereof and -upon hearing the arguments of SRI R SIVA SAI SWARUP Advocate for the-`ietitioner, Assistant Public Prosecutor for respondent and the court made this following. ORDER ORDER: I This criminal petition under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (in short £BNSS') iS filed by the petitioner/accused No,2 to grant regular bail in COnneCtiOn With Crime No-413 of 2024 of Bheemunipatnam Pol-lee Station Of VisakhaPatnam commissionerate for the offences punishable under Sections 318(4), 308(2), 127(2)I 123,131, 351 (2),109, 61 (2) of BNSS and Section 67(A) of lTA 2000 - 2008. 2, Heard the submiSSiOnS Of the learned counsel for Petitioner and the learned Assistant Public Prosecutor for the respondent/State. 3- The case of the Prosecution iS thatthe de-faCtO COmPlainant has made complaint against the accused No.1 that she has binduCed the de-faCtO complainant and acquaintance has developed between them and She has started extract-lng money from him and further blackmailed him with the intimate photos of the de-facto complainant and the accused No.1. Further alleged that accused No.1 had induced the de-faCtO COmPlainant tO marry her, Prevented him from visiting his parents and conf'lned him in locked prem-lses and administered intoxicating substances. !t is further stated that he thus unable to bare the torture meted out to him approached the police and lodged a complaint against accused No.1. During the COurSe Of investigation, from the Call data Of the petitioner with the accused No.1 I the Police have irilP[iCated the Petitioner as accused No.2 in the subject Crime. 4. Heard learned counsel for the petI'tiOner and the learned Assistant Public Prosecutor. Perused the record. 5. Learned counsel for the petI'tiOner Submits that the Petitioner has not committed any offence; petitioner was falsely implicated by the police in the crime; petitioner would abide by any conditions to be imposed by this court; and urged to allow the petition. 6. HavI'ng considered the SubmiSSiOnS made by both the learnedlcounsel and as this court grari{ed bail to A-3 in CrI.P.No.5767 of 2025 and in view of the orders, dated 09.12.2024, passed by this court in crl.p.No.8542 of 2024, this Court is inclined to grant bail to the petitioner on the following conditions: i) The petitioner/accused No.2 shall be enlarged on baI'I on executing a Personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties of the like sum each to the satisfaction of the learned XV Additional Metropolitan Magistrate, Bheemunipatnam, visakhapatnam District. ii) The petitioner shall mark his attendance before the investigating officer on lst and 15th of every month between 10.00 AM and 1.00 PM for a period of three months or till filing of theo charge sheet whichever is earll-er. iii) The petitioner shall make himself available for investI-gatiOn aS and when required and he shall not, directly or indirectly, make any inducement, threat or promise to any persons acqual'nted with the facts of the case to dissuade them from disclosing such facts to the court or to any police officer. lt is made clear that the Pet'ItiOner Shall Scrupulously comply With the above conditions and breach of any of the above condit'[ons w'lll be viewed seriously and prosecution is at liberty to move an application for cancellation of the bail. 7. Accordingly, the Criminal Petition is allowed. As a sequel, Pending aPPliCat'lOnS, if any, Shall Stand CIosed. sD/-M.S_R ASSISTANT R //TRUE COPY// SECTION 'OFFleER Tol i 1. The (Remand Court) XVAdditional Metropolitan Magistrate at Bheemunipatnam. 2. The Superintendent, Central Prison, Visakhapatnam. 3. The S|H.O., Bheemunipatnam P.S., Visakhapatnam. 4. One CC to SRI. R SIVA SAI SWARUP Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court ofAndhra Pradesh.[OUT] 6. One spare copy ksr •e? HIGH COURT TCDSI J DATED:12/06/2025 BAIL ORDER CRLP.No.5758 of 2025 ALLOWED