.:. 3327 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI\`Jf7J FRIDAY ,THE TWENTY SEVENTH DAY OF JUNE uJ TWO THOUSAND AND TWENTY FIVE u7- : PRESENT: \,y~-- THE HONOURABLE SR[ JUSTICE K SREEN[VASA REDDYl=Tr- CRIMINAL PETITION NO: 6003 OF 2025 ,i.,-A-a.i, Between : rf--_ Ramulaboyina Srinivasu'uH S/o Ramakrishna, Aged about 39 years, H.No. 81-279-6, Ramakrishna Nagar, Kallur Mandal, Kurnool district. I.-./ Petitioner/Accused No.5 tr AND The State of Andhra PradeshH Rep.by its Public Prosecutor, Through Station House Officer Maharanipeta Po1-lee Station, Visakhapatnam City ~ Res pondentJCom pLajnant petition under sections Zl37 and 439 of Cr.P.C(New Sections 480 and 483l;i Bharatiya Nagarik Suraksha Sanhita,2023), is filed praying that in the circumstances stated in the memorandum of grounds filed in support Of the Criminal Petition, the High Court may be pleased to enlarge/release the petitioner herein/ Accused No.5 on regular bail in Crime No.162 of 2025 ~ ` of Maharanipeta Police Slat-Ion, Visakhapatnam City dated 08.12.2024. u# 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 AYESHA AZMA S, Advocate for the Petitioner and of PUBLIC PROSECUTOR for Responclent, the Court made the following ORDER APHCO10292302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Spe-ciaI Original Jurisdiction) [3327] FRIDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE J PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY cR[M]NAL PETITION NO: 6003/2025 Between : Ramulaboyina Srinivasulu, .HPETITIONER/ACCUSED AND The State Of Andhra H.RESPONDENT/COMPLAINANT Pradesh Counsel for the Petitioner/accused: 1.AYESHA AZMA S Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court Made the Fo[[owincI Order:- This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/A5, seeking regular bail, in Crime No.1,62 of 2024 of Maharanipeta Police Station, registered for the offences punishable under Sections 108, 79, 351(2) of BNS and Sections 66-C and 67-A of the IT Act. 2. Case ofth6 prosecutioh, in brief, js that, o8.12.2024, the informant filed a report before the police stating that she was doing house keeping work in s-Imhadri Hospital. Her husband surada Nare'ndra (hereinafter called as deceased), had taken a loan for an amount of Rs.2,000/-from online app, subsequently, he could repay and that on 07.12.2024, she received whatsapp call informing that the deceased had taken loan for Rs.2,000/- and also some obscene morphed photographs of. the informant Eiii- ` . .> `,+ I.--.-.----._ _A .t+ and the deceased. on that, she pal-d Rs.2,000/- through phonepe. she es usual went to Hospital to attend her duty. on 07.01.2024, she received a phone call from her brother-in-law stating that the deceased died by hanging with saree in their room. 3. Learned counsel for the petI-tiOner SubmI-tS that the petitI'Oner has been languishing in jail for the last 137 days, but till today no charge sheet has been filed. She further submits that going by the accusations contained in the remand report, an offence under Sectl-on 108 of the BNS would not attract as agaI'nSt the petI'tiOner herein. 4. On the other hand, learned Assistant public Prosecutor submitted that police did not fI'le Charge Sheet in the present crime and the investigation is still pending. 5. Heard. Perused the record. 6. A perusal of the material on record goes to show that, there llS any amount of ambiguity whether an offence under Section 108 BNS would attract as against the petI-tiOner herein. In order to attract an offence under section 108 BNS, all the essential ingredients of section 45 of BNS have to be compII-ed with. ln the present case, the accusations that have been made agaI®nSt the petI-tiOner herein are that he sent some obscene morphed photographs of the informant and the deceased, upon which, the deceased I-S alleged to have taken the extreme step of committing suicide, and there is any amount of ambI-guity whether the said accusations would attract an offence under Section 108 BNS, and pr,|ma fac,-e there is no accusation as drjr •i- c± - ----+-I against the petitioner with regard to instigation or aiding of the deceased to commit suicide. 7. ln vl'ew of the aforesaid facts and circumstances of the case, this Court is incII'ned tO grant bail to the petitioner/A5 on the fo]IowI-ng conditions. i) The petitioner/A5 shall be released on bail on his executing personal bond for Rs.10,000/-(Rupees Ten Thousand only) with two sureties of the like sum each to the satisfactI'On Of the learned ll Additional chief Judicial Magistrate, Visakhapatnam. ii) On release, the petitioner shall appear before the Station House Officer concerned, once in a week i.e. on every Sunday, between 10.00 AM and 1.00 PM, till filing of the charge sheet- 8. Accordingly, the Criminal Petition is allowed. //TRUE COPY// Fo\ To! J sD,-M.PRABinAKARA FiAO ]STRAR ICEF3` 1. The lI Addl. Chief Judicial Magistrate, Visakhapatnam.hepp 2. The Superintendent, Central Prison, Visakhapatnam. of` 3. The Station House Officer Maharanipeta Police Station, Visakhapatnam City. -J 4. One CC to SRI. AYESHA AZMA S Advocate [OPUC] ur 5. Two CCs to the PUBLIC PROSECUTO5L Lligh Court ofA.P [OPUC] 6. One spare copy osk •: -,,i,.:.fp +,.+,,,- `L**.`'. . , i.\ `-`' .I.`. i ft| -.'tt-andie:jB'+ 'r-` a+. H!GH COURT SRK,J DATED : 27/06/2025 BAIL ORDER CRLP.No.6003 of 2025 ALLOWED