APHC010479982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9522/2025 Between: Batchu Venu Bhaskar Reddy Alias Chinna ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: Kambhampati Ramesh Babu Counsel for the Respondent/complainant: Public Prosecutor The Court made the following: ORDER: 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.466 of 2024 of Muvvalavanipalem Police Station, Visakhapatnam District, registered against the Petitioner/Accused No.2 herein for the offences punishable under Sections 341, 342, 379, 506, 307 read with 34 of the Indian Penal Code, 1860 (for 2 Dr.YLR, J Crl.P.No.9522 of 2025 Dated 23.09.2025 brevity ‘the I.P.C’) and 43, 66, 66-C of the Information Technology Act, 2000 (for brevity ‘the Act’). CASE OF THE PROSECUTION: 2. Material averments stemming from the prosecution are that On 07.11.2024 at 18:30 hrs, the complainant, presently residing in Kolkata for Asthma treatment, reported that in 2019, while employed at CIITS office, Rama Talkies, Visakhapatnam, he became acquainted with Joy Jemima, a teammate, who later introduced him to Venu. Around that time, his Oppo and Samsung phones were stolen by Joy and Venu, who falsely claimed an unknown person had taken them and was making anonymous calls to harass Joy, intending to implicate the complainant in molestation. They coerced him to consult a hacker, known to them, to erase personal data from the stolen phones for ₹15,000. They further forced him to travel to Araku under the pretext of avoiding the caller, making him bear all expenses. During this period, they stole his SBI debit card, accompanied him to the bank for a replacement, and obtained his new card and PIN without consent. Subsequently, they allegedly confined him in their rented room behind Bullayya College, assaulted and threatened him, attempted to strangle him, and extorted money, including for expensive seafood and clothing. He was taken to isolated places, harassed, and threatened with dire consequences if he did not comply. Hence, he requested necessary action. 3 Dr.YLR, J Crl.P.No.9522 of 2025 Dated 23.09.2025 CONTENTIONS OF THE COUNSEL FOR THE PETITIONER: 3. Sri Kambhampati Ramesh Babu, learned Counsel for the Petitioner submits that the Petitioner is innocent and has been falsely implicated in the alleged offence, and that there is no prima facie material or cogent evidence connecting the Petitioner to the commission of the crime. It is further contended that the Petitioner is the sole earning member of his family and that his incarceration would result in grave hardship and irreparable prejudice to his dependents. The Petitioner undertakes to comply with any condition that this Hon’ble Court may deem fit and proper to impose while considering the prayer for grant of bail. 4. It is further submitted that the Petitioner is a permanent resident of Srikakulam District and there exists no apprehension of his absconding or evading the due process of law. The Petitioner has extended full cooperation in the course of investigation and undertakes to continue such cooperation in all future proceedings. It is also urged that the nature of the allegations does not necessitate custodial interrogation, and that the imposition of appropriate conditions would suffice to secure the ends of justice. In view of the foregoing, it is urged to allow the petition. ARGUMENTS OF THE STATE: 5. Per contra, Ms.P. Akhila Naidu, learned Assistant Public Prosecutor has vehemently opposed the prayer for bail, asserting that the investigation is at a 4 Dr.YLR, J Crl.P.No.9522 of 2025 Dated 23.09.2025 nascent and critical stage, with several material witnesses yet to be examined. It is submitted that the premature enlargement of the Petitioner on bail would be inimical to the sanctity and efficacy of the ongoing investigative process and may engender deliberate non-cooperation on the part of the Petitioner. The prosecution further raises an apprehension that, if released, the Petitioner may exert undue influence upon, or intimidate, prosecution witnesses, thereby impeding the administration of justice and vitiating the evidentiary foundation of the case. It is also contended that there exists a palpable and imminent risk of the Petitioner absconding, thereby frustrating the due process of law. 6. In view of the gravity and allegations, coupled with the potential threat posed to the integrity of the investigation, it is submitted that the Petitioner is not entitled to the indulgence of discretionary relief and it is urged to dismiss the present Criminal Petition. POINT FOR CONSIDERATION: 7. In view of the rival submissions advanced by both the learned Counsel and upon a perusal of the prosecutorial narrative, the pivotal issue now meriting for consideration is: “Whether the Petitioner is entitled for grant of bail?” ANALYSIS: 5 Dr.YLR, J Crl.P.No.9522 of 2025 Dated 23.09.2025 8. As seen from the record, the allegation against the Petitioner/Accused No.2 is that, along with Accused No.1, he lured innocent male person under the guise of love, administered sedative drugs to the de-facto complainant, and extorted money from them. The Petitioner/Accused No.2 was arrested on 30.11.2024 in one crime and was released on 03.01.2025. Later, he was again arrested on 04.01.2025 in another crime and released on 07.03.2025. Thereafter, he was arrested once more on 25.03.2025 and released on 23.06.2025. 9. In the present case, the Petitioner/Accused No.2 was arrested on 17.07.2025 and has been in judicial custody for the past 67 days. So far, fourteen (14) material witnesses have been examined. The Petitioner has a fixed place of residence at D.No.12-5-39, Pedda Bharatham Street, Near Neelamma Temple, Srikakulam, Srikakulam District. This Court, in Crl.P.No.6182 of 2025 dated 15.07.2025, dismissed his earlier petition for grant of pre-arrest bail. Regarding the Petitioner’s role, the material portion of the investigation has been completed. CONCLUSION: 10. Considering the nature and gravity of allegation levelled against the Petitioner/Accused No.2, his alleged role played in this case, and the period of detention undergone by the Petitioner/Accused No.2, this Court is inclined to 6 Dr.YLR, J Crl.P.No.9522 of 2025 Dated 23.09.2025 enlarge the Petitioner/Accused No.2 on bail with the following stringent conditions: i. The Petitioner/Accused No.2 shall be enlarged on bail subject to he executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only), with two sureties each for the like sum each to the satisfaction of the learned IV Additional Chief Judicial Magistrate, Visakhapatnam City. ii. The Petitioner/Accused No.2 shall appear before the Station House Officer, Muvvalavanipalem Police Station, Visakhapatnam District, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The Petitioner/Accused No.2 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The Petitioner/Accused No.2 shall not commit or indulge in commission of any offence in future. v. The Petitioner/Accused No.2 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required. 7 Dr.YLR, J Crl.P.No.9522 of 2025 Dated 23.09.2025 vi. The Petitioner/Accused No.2 shall not, directly or 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. vii. Petitioner/Accused No.2 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. 11. Accordingly, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date:23.09.2025 KMS 8 Dr.YLR, J Crl.P.No.9522 of 2025 Dated 23.09.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9522 OF 2025 23.09.2025 KMS