IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV^ WEDNESDAY, THE TWENTIETH DAY OF AUGUST f| TWO THOUSAND AND TWENTY FIVE ; PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8082 OF 2025 m \\ it '-‘V Between: R/o 1. Shaik Nagoor Valia, S/o Basha, Aged about 35 years Cherukumpalem Village, Addanki Mandal, Ongole. 2. Bochu Rama Devi, D/o Mohan Rao, Aged about 39 years, R/o 6‘^ lane, Netaji Colony, Ongole town and district Petitioners/Accused Nos. 1 & 2 AND The State of Andhra Pradesh, Rep.by its Public Prosecutor, Through Station House Officer, Ongole Taluk Police Station, Prakasam district Respondent/Complainant Petition under Section 480 & 483 of BNSS, 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 petitioners herein/ Accused No.1 and 2 on regular bail in Crime No. 296 of 2025 of Ongole Taluk Police Station, Prakasam district dated 20.05.2025 Counsel for the Petitioners: Sri Shaik Asif Counsel for the Respondent: Public Prosecutor THE COURT MADE THE FOLLOWING ORDER APHC010399552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8082/2025 Between: Shaik Nagoor Valia and others ...PETITIONER/ACCUSED(S) AND The State of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): SHAIK ASIF Counsel for the Respondent/complainant: PUBLIC PROSECUTOR The Court made the following: ORDER: 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 Petitioners/Accused Nos.1 and 2 on bail in Crime No.296 of 2025 of Ongole Taluk Police Station, Prakasam District, registered against the Petitioners/Accused Nos.1 and 2 herein for the offence punishable under Section 69 of Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). 2 Dr.YL Crl.P.No.8082nof 20. Dated 20.08.202'. 2. The case of the prosecution is that on 20.05.2025 at about 17.00 hours, at 6th Lane, Netaji Colony, Ongole, a report was lodged in the Police Station on the same day at 19:45 hours. It is alleged in the mediatornama prepared by the complainant that Accused Nos.1 and 2 were running a brothel in the house of Accused No.2 by bringing victim women from various places, luring them with deceitful words, taking advantage of their poverty, and earning easy money through prostitution. On the same day, at about 17:00 hours. Accused Nos.1 and 2 allegedly permitted Accused No.3 to have sexual intercourse the victim woman for prostitution. At that time with the complainant received credible information, conducted a raid on the said brothel house along with his staff, arrested Accused Nos.1 to 3, and seized Rs. 1,200/- from Accused Nos.1 and 2, condoms from Accused No.3, and three mobile phones, all under the cover of mediatornama. 3. Heard learned counsel for the Petitioners and the learned Public Prosecutor. ■ Assistant 4. Sri Shaik Asif, the learned counsel for the petitioners, submits that the petitioners have not committed any offence; they were falsely implicated in this case; they are sole bread winners of their family; they are ready to abide any conditions to be imposed by this Court; and petitioners on bail. urged to enlarge the N 3 / Dr.YLR, J Crl.P.No.8082nof2025 Dated 20.08.2025 Per contra, Ms. Akhila Naidu, the learned Assistant Public Prosecutor, opposed in granting of bail stating that some more material witnesses have to be examined: investigation is not completed; if the petitioners are enlarged on bail, they would not be available for the investigation and they would escape from the clutches of law. However, it is submitted that there are no adverse antecedents against the petitioners, and requested to pass appropriate orders. 5. 6. Perused the record. Accused Nos.1 and 2 have been in judicial custody since 21.05.2025. With the investigation concluded and the chargesheet duly filed, further detention is not warranted for custodial interrogation. The examination of five prosecution witnesses demonstrates substantial progress in trial proceedings. There is no prima facie material indicating likelihood of tampering with evidence or influencing witnesses. The offences alleged, though cognizable, are not punishable with extreme severity so as to justify prolonged pre-trial incarceration. In view of the settled principle that bail is the norm and jail the exception, this Court finds it appropriate to enlarge Accused Nos.1 and 2 on bail, subject to suitable conditions. 7. Keeping into consideration the number of days the Petitioners/Ac cused Nos.1 and 2 have been in judicial custody, the nature of the allegations levelled against them, and their alleged role in the case, this Court is inclined to enlarge the Petitioners/Accused Nos.1 and 2 on bail. This Court is of the 8. 4 Dr.YL Crl.P.No.8082nof20. Dated 20.08.202. conditions are imposed on the petitioners for the learned Trial Court for trial, the interest of opinion that if certain stringent securing their presence before justice would be met. 9. In the result the Criminal Petition i's allowed with the following conditions; '■ Petitioners/Accused bail subject to them Rs.20.000/- (Rupees Twenty for the like Mobile Court, Ongole Nos.1 and 2 shall be enlarged on executing a personal bond for a sum of with two sureties of the learned Special Thousand Only) sum each to the satisfaction The Petitioners/Accused Nos. 1 and 2 shall Officer, Ongole Taluk appear before the Station House Police Station, Prakasam District, 05.00 pm, till the on every Saturday in betweenio.oo am and conclusion of the Trial. The Petitioners/A III. ccused Nos.1 and 2 shall District without oh not leave the Pnor permission from limits of the Investigating Officer. The Petitioners/A indulge in similar offences the IV. ccused Nos.1 and 2 shall in future. not commit or The Petitioners/Accused the investigating officer i Nos.1 and 2 shall in further investigation of the cooperate with case and 5 Dr.YLR, J Crl.P.No.8082nof2025 Dated 20.08.2025 / shall be available to the investigating officer as and when called by him. SDI- K.SRINIVASA raju ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// I To / 1. The Special Mobile Court, Ohgole 2. The Superintendent, Sub-Jail, Ongole 3. The Station House Officer, Ongole Taluk Police Station, Prakasam District 4. One CC to Sri Shaik Asif, Advocate [OPUC 5. Two CCs to Public Prosecutor, High Court of Andhra Pradesh [OUT] 6. One spare copy HIGH COURT DR.YLR, J DATED: 20/08/2025 SAIL ORDER CRLP.No.8082 of 2025 ALLOWED