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High Court of Andhra Pradesh · body

2025 DAILYLAW 28984 (AP)

Chennuru Suresh Kumar v. THE STATE OF ANDHRA PRADESH

CRLP/8344/2025 · 2025-08-19

Y Lakshmana Rao

body2025

Judgment text

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.r-' i IN THEHIGH COURT OF ANDHRA PRADESH AT AMARAVATI -r WEDNESDAY, THE TWENTIETH DAY OF AUGUST, TWO THOUSAND AND TWENTY FIVE .PRESENT: HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8344 OF 2025 •K, s S' Between: Chennuru Suresh Kumar, S/o. Naga Raju, Aged 33, R/o.D.No.2-75/3, Kattubhabipalem, Kondapalli, Vijayawada. (Shown in the FIR as Accused No.1) f: ...Petitioner/Accused No.3 AND The State of Andhra Pradesh, (SHO, Patamata Police Station) Rep. by Public Prosecutor, High Court of Andhra Pradesh Buildings, At Amaravati. ...Respondent/Complainant Petition under Sections 480 & 483 of BNSS, is filed praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioner/A-3 connection with Crime No.369 of 2025 of Patamata Police Station Commissionerate. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and Sri Mutyala Sobhanadri Naidu, Advocate for the Prosecutor for the Respondent, the Court made the following its on bail in NTR upon hearing the arguments of Petitioner and of Public 4 APHC010413682025 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: 8344/2025 Between: CHENNURU SURESH KUMAR,' S/0. NAGA RAJU, AGED 33, R/O. D.NO.2-75/3, KATTUBHABIPALEM, KONDAPALLI, VIJAYAWADA. (SHOWN IN THE FIR AS ACCUSED N0.1) ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, (SHO, Patamata Police Station) Rep. by its Public Prosecutor, High Court of Andhra Pradesh Buildings, At Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: MUTYALA SOBHANADRI NAIDU Counsel for the Respondent/complainant: 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 2 Dr. YLR, J Crl.P.No.8344 of2025 Dated 20.08.2025 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity the BNSS’), seeking to enlarge the petitioner/Accused No.3 on bail in Cr.No.369 of 2025 of Patamata Police Station, NTR District, registered against the petitioner/Accused No.3 herein for the offences punishable under Section 143 (3), 144 (2) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’), 3 (1), 4 (1), 5(1) (a), 7(1 )(a) of the Immoral Traffic Prevention Act. 2. The case of the prosecution is that on 09.07.2025 at about 18.30 hours, on receipt of credible information regarding prostitution activities being carried out at Kamala Enclave, Near Happy Mobile Road, opposite Canara Bank, Patamata, Vijayawada, the Sub-Inspector of Police, Patamata Police Station, along with his staff and mediators, rushed to the said location. Acting on the said information, they conducted a raid and apprehended the accused along with three identified victims. On interrogation. Accused No.3 voluntarily confessed that one Harika @ Lakshmi had engaged him as a worker to assist her in maintaining the brothel house for a daily wage of Rs.700/-. Hence, the present FIR was registered. 3. Sri M.M.Sobahanadri Naidu, the learned counsel for the petitioner contends that the petitioner is innocent of the alleged offence and has been falsely implicated by the police. It is further submitted that the petitioner is the 3 Dr. YLR, J Grip.No.8344 of2025 Dated 20.08.2025 sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. It is further submits that the petitioner/Accused No.3 suffered a major accident on 01.08.2024 and he needs to go for regular checkup and removal of the steel plates fixed in the arms at the time of surgery. The allegation against the petitioner is that he only assisted the organizers as watchman. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, learned counsel prays that the present petition be allowed in the interest of justice. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioner is released on bail at this stage, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law. The learned Assistant Public Prosecutor further submits that Accused Nos.1 to 3 are the organizers. Accused No.3 used to sent LW-1 to Accused No.4. In view of the foregoing submissions, it is urged that the petition be dismissed. 4. 5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. Dr. YLR, J Crl.P.No.8344 of 2025 Dated 20.08.2025 As seen from the record, the petitioner/Accused No.3 has been languishing in jail since 09.07.2025 and has been in judicial custody for the past 43 days. So far, three witnesses, who are prime witnesses, have been examined. As per the mediators’ report dated 09.07.2025, it is mentioned that the petitioner had suffered an accident and came into contact with Accused No.1. Due to his unemployment, the petitioner requested Accused No.1 for employment, whereupon Accused No.1 lured the petitioner/Accused No.3 to work under her in the flesh trade. 6. any 7. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the petitioner^is alleged role in the case, in view of the fact that the petitioner suffered an accident and requires medical attention and re-surgery, this Court is inclined to enlarge the petitioner bail subject to the following stringent conditions; on i. The petitioner/Accused No.3 shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each for the like sum each to the satisfaction of the learned VI Additional Metropolitan Magistrate of First Class, Vijayawada. ii. The petitioner/Accused No.3 shall appear before the Station House Officer concerned on every Saturday in between 5 Dr. YLR, J Crl.P.No.8344 of2025 Dated 20.08.2025 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitioner/Accused No.3 shall not leave the limits of the District without prior permission from the Station House Officer concerned. The petitioner/Accused No.3 shall not commit or indulge IV. in commission of any offence in future. The petitioner/Accused No.3 shall cooperate with the V. investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required. The petitioner/Accused No.3 shall not, directly or VI. indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer. 8. Accordingly, the Criminal Petition is allowed. SD/-B.CHITTI JOSEPH ASSISTANT ISTRAR //TRUE COPY// SECTION OFFICER 'v To, 1. The VI Additional Metropolitan Magistrate of First Class, Vijayawada. 2. The Superintendent, District Jail, Vijayawada. 3. The Station House Officer, Patamata Police Station, NTR Commissionerate. 4. One CC to Sri Mutyala Sobhanadri Naidu, Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of A.P., Amaravati.[OUT] 6. One spare copy. PSD HIGH COURT DR.YLR.J DATE:20/08/2025 BAIL ORDER CRLP.No.8344 of 2025 ALLOWED