t IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 'j'-' MONDAY ,THE EIGHTEENTH DAYt)F AUGUST ■y/ ','1 % TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7735 OF 2025 Between: Mortha Tulasi Rao Alias Balu, s/o. Gyana Prakasham 20 yrs.r/o. beside Lutheran church, Yanamadurru village, Bhimavaram Petltioner/A-2 AND 1. The State of Andhra Pradesh, Rep by its Public Prosecutor High Court of A.P., at Amaravati Through The Station House Officer Bhimavaram II Town Police Station, W.G. District ... Respondent/Complainant 2. Victim ... Respondent/Defacto Complainant Petition under Section 480 & 483 of BNSS is filed, praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused No.2 regular bail in connection with Cr.No. 139/2025 on the file of II Town P.S., Bhimavaram. on The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI G KUMAR YADDLAPALLI Advocate for the Petitioner, Assistant Public Prosecutor for the respondent no.1, the Court made the following. ORDER I ^ 2 The Court made the following ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioner/Accused No.2 on bail in Crime no. 139 of 2025 of II Town Police Station, Bhimavaram, registered against the petitioner/Accused No.2 herein for the offence punishable under Sections 61(2), 49, 64 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short ‘the BNS’). The case of the prosecution, in brief, is the victim lodged a complaint stating that Accused No.1 on the pretext of love trapped her and repeatedly committed rape on her without her consent. As a result, the victim became pregnant. Accused No.1 captured her nude videos and photos when she was unconsciousness after the sexual abuse. Accused No.1 advised the victim to make abortion. When she was refused for that, he threatened her that he would spread her nude photos and videos in social media. The petitioner herein is friend of Accused No.1 Hence, taking advantage of the threats made by Accused No.1, the petitioner herein/Accused No.2 also committed rape of the victim without her consent. 2. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4. Mr.G.Kumar, learned counsel for the petitioner submits that the petitioner has not committed any offence, and he was falsely implicated by the police in the crime. The petitioner is aged about 20 years. He is permanent \ resident of Yanamadurru Village of Bhimavaram Mandal and he would abide by any conditions to be imposed by this Court and the petitioner has got abode, hence, if any condition is imposed while granting the bail, petitioner herein would not violate it and it is urged to allow the petition. fixed 5. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor, opposed in granting of bail stating that the petitioner herein along with other accused committed rape of the victim, who is minor. Some more material witnesses have to be examined and investigation is not completed and it is ’ * urged to dismiss the bail petition. 6. As seen from the record, the petitioner/Accused No.2 was arrested on 17.05.2025 and for the past three (3) months he has been in judicial custody. The allegation against Accused No.1 is that he raped the victim. The victim was allegedly shown as minor at the date of giving report to the police. As the date of birth of the School leaving certificate, she was shown as born on 25.02.2007. Accused No.2/petitioner herein is the friend of Accused No.1. Accused No.1 was already enlarged on bail vide order dated 01.08.2025 in Crl.M.P.No.186 of 2025. Charge sheet has already been filed. Disposal of the case by the learned trial Court takes considerable length of time. Till such time, keeping the petitioner as under trial prisoner would not serve any purpose. Since the charge sheet has already been filed, the question of petitioner hampering the investigation or threatening the witnesses may not arise. In view of filing of charge sheet, the period of detention undergone by per 4 the petitioner, this Court is inclined to enlarge the petitioner/Accused No.2 on bail. Considering the nature and gravity of allegation levelled against the petitioners, his/their alleged role played in this case, and the period of detention undergone by the petitioners, this Court is inclined to enlarge the petitioners on bail with the following stringent conditions: 7. i. The petitioner/Accused No.2 shall be enlarged on bail subject to them executing a bond for a sum of Rs. 10,000/- (Rupees Ten thousand only), with two sureties each for the like sum each to the satisfaction of the learned II Additional Civil Judge (Junior Division)-cum-ll Additional Judicial First Class Magistrate, Bhimavaram. ii. The petitioner/Accused No.2 shall appear before the learned Trial Court for each and every adjournment. Accordingly, the Criminal Petition is allowed. 8. SD/- M.SRJNIVAS ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, - II Addl. Judicial First 1) The II Addl, Civil Judge (Junior Division)-cum Class Magistrate, Bhimavaram. 2) The Superintendent, Sub-Jail, Narsapuram. 3) The Station House Officer Bhimavaram I District. 4) One CC to SRI. G KUMAR YADDLAPALLI Advocate [OPUC] 5) Two CCS to PUBLIC PROSECUTOR, High Court of Andhra Pradesh.[OUT] II Town Police Station, W.G. 6) One spare copy / HIGH COURT DR.YLR, J DATED:18/08/2025 BAIL ORDER CRLP.No.7735 of 2025 ALLOWED is* O c_> CO . -ac/#