IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR MONDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7900 OF 2025 •y-=4 / ’■f A 1 .x J *■ J • i ■ Between: Biddika Kailasha Rao @ Kailash, S/o late Haranadharao, Aged 33 years, Occ. Technical Assistant at MGNREGS, R/o Gaddi Colony, G.L. Puram Village and Mandal, Parvathipurara, Vizianagaram District. / .. .Petitioner/Accused .z AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor of Judicature of Andhra Pradesh at Amaravati. High Court ...Respondent/Complainant aged 35 years, Occ. Private Village and Mandal 2. Thotapalli Mayuri, D/o. Mohan Rao, Employee, R/o. Gaddi Colony, G.L.Puram > ) /■ Vizianagaram District. ...Respondent No.2 (Respondent No.2 is impleaded as per the Court's order dated 07.08.2025 in I.A.No.1 of 2025 in Crl.P.No.7900 of 2025) Petition under Sections 480 & 483 of BNSS, circumstances stated in the memorandum of grounds filed Criminal Petition, the High Court may be pleased to release the petitioner bail in Crime. No. 19 of 2025 on the file of Elwinpeta Police Station. praying that in the in support of the on 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 BONU RAMA SHANKAR RAO, Advocate for the and of PUBLIC PROSECUTOR, for the Respondent No. 1, the Court made' the following Petitioner, /riCOI0388692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■I [3521] MONDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7900/2025 Between: Biddika Kailasha Rao Alias Kailash ‘ ...PETITIONER/ACCUSED AND The State of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: Bonu Rama Shankar Rao Counsel for the Respondent/complainant{S): Public Prosecutor The Court made the following; ORDER: The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure. 1973 (for brevity ‘the Cr.P.C.’) / Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused on bail in Crime No. 19 of 2025 of Elwinpeta Police Station Parvathipuram, registered against the Petitioner/Accused herein for the offence punishable under Section 69 of Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). 2 Crl.P.No.790G Dated 18.0t 2. The case of the prosecution is that on 25.03.2025 at about 23:30 hours at Gaddi Colony, an incident occurred which was reported on 24.07.2025 at about 20:00 hours. The complainant, in her statement, stated that she has been working as a Security Guard at PTG APTWRJC (Girls) for the past five years. In February 2025, one Biddika Kailash, a native of Jarada Village and working as a Technical Assistant at MGNREGS, had sexual intercourse with the complainant at her house on 25.03.2025. Thereafter, he again had sexual intercourse with her at her house. After a few months, when the complainant asked him to marry her, he refused. Subsequently, she approached the village elders, but in vain. On 24.07.2025, she approached the police and lodged a complaint requesting necessary action against the said Biddika Kailash. Heard learned counsel for the Petitioner and the learned Assistant 3. Public Prosecutor. Sri Rama Shankar Rao, the learned counsel for the petitioner, submits 4. that the petitioner has not committed any offence; he was falsely implicated in this case; he is sole bread winners of his family; he is ready to abide any conditions to be imposed by this Court; and urged to enlarge the petitioner on bail. Per contra, Ms. Akhila Naidu, the learned Assistant Public Prosecutor, 5. opposed in granting of bail stating that some more material witnesses have to be examined; investigation is not completed; if the petitioner is enlarged on 3 Dr.YLR, J Crl.P.No.7900 of 2025 Dated 18.08.2025 bail, he would not be available for the investigation and he would escape from However, it is submitted that there are no adverse antecedents against the petitioner, and requested to pass appropriate orders. the clutches of law. 6. Perused the record. The allegation against the petitioner, who is the sole accused, is that he did not marry the 2nd respondent despite having physical relations with her several occasions. The petitioner is aged about 33 years, while the 2nd respondent is aged about 35 years. Feeling aggrieved by the petitioner’s refusal to marry her, the 2nd respondent lodged a complaint. Pursuant thereto, the petitioner was arrested on 26.07.2025 and has been in judicial custody for the past 23 days. The learned counsel for the petitioner relied upon the decision of this Court in Manthri Rahul Patnaik v. State of Andhra Pradesh in Crl.P.No.6895 of 2025, dated 11.07.2025, wherein a learned Single Judge of this Court, having referred to several judgments of the Hon’ble Supreme Court on a similar point, enlarged the accused therein on bail. It is contended that the case of the present petitioner also stands on a similar footing. It is further submitted that a major portion of the investigation has already been completed and the material witnesses have been examined. Therefore, the apprehension of the petitioner threatening the witnesses interfering with the process of investigation may not arise. The petitioner is a permanent resident of Parvathipuram, Vizianagaram District. 7. on or Crl.P.No.790^ Dated 18.0, Keeping into consideration the number of days the Petitioner/Acc used has been in judicial custody, the nature of the allegations levelled against him, and his alleged role in the. case, this Court is inclined to enlarge the Petitioner/Accused on bail. This Court is of the opinion that if certain stringent conditions are imposed on the petitioner for securing his presence before the learned Trial Court for trial, the interest of justice would be met. 8. 9. In the result, the Criminal Petition is allowed with the following conditions; i. The Petitioner/Accused shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.50,000/- (Rupees , Fifty Thousand Only), with two sureties for the like sum each to the satisfaction of the learned Judicial Magistrate of I Class at Kurupam. The Petitioner/Accused shall appear before the Station House Officer, Elwinpeta Police Station, Parvathipuram, on every Saturday in between 10:00 am and 05:00 pm, till the conclusion of the Trial, iii. The Petitioner/Accused shall not leave the limits of the District without prior permission from the Investigating Officer. The Petitioner/Accused shall not commit or indulge in similar offences in future. II. . IV. 5 Dr.YLR, J Crl.P.No.7900 of 2025 Dated 18.08.2025 The Petitioner/Accused shall coQperate with the investigating officer in further investigation of the case and shall be available to the investigating officer as and when called by him. V. SD/-P.VINOD KUMAR ASSISTANT R^«GI,STRAR //TRUE COPY// SECTION OFFICER f To, T The Judicial Magistrate District 2- The Superintendent District 3. The Station House Manyam District 4. Thotapalli Mayuri, D/o. Mohan Rao Employee, R/o. Gaddi Colony, Vizianagaram District, (by RPAD) 5. One CC to SRI. BOND RAMA SHANKAR - 6. Wes to PUBLIC PROSECUTOR, High Court 7. One spare of First Class at Kurupam, Vizianagaram Sub Jail, Parvathipuram, Parvathipuram Manyam Officer, Elwinpeta Police Station, Parvathipuram aged 35 years, Occ. G L.Puram, Village Private and Mandal, RAO Advocate [OPUCJ of Andhra Pradesh copy PSR HIGH COURT DR.YLR.J DATED:18/08/2025 BAIL ORDER CRLP.No.7900 of 2025 ALLOWED