Surisetty Siva Kishore v. The State of Andhra Pradesh
CRLP/9590/2025 · 2025-09-21
Y Lakshmana Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32847 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32847 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV MONDAY, THE TWENTY SECOND DAY OF SEPTEMB TWO THOUSAND AND TWENTY FIVE :PRESENT:
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9590 OF 2025 Between :
1. Surisetty Sl-va Kishore, S/o Appanna, Aged 35 yrs, Flat No.202, Harishith Plaza Sathavahananagar, Kurmanapalem, Visakhapatnam.
2. Dharmana someswara Rao, S/o Apparao, Aged 25 yrs R/at Nar Dhattatreya Temple Satram Village, Srikakulam DistrI'Ct. ...Petitioner/Accused 1 & 2 AND The State of Andhra Pradesh, Through the S.H.O., of Dwarka P.S., VI-SakhaPatnam City Rep., by its public Prosecutor, High Court at Amaravathi. ...Respondent/Complainant Petition under section 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 Petitioners/A-1 & A-2 on Regular BaI-I in connection With the Crime in F.I.R. No.122/2025 of Dwaraka P.S., Visakhapatnam by AIIowing the Criminal Petition. The petition coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of sri R.Siva || Sai Swarup, Advocate for the petitioner'and of public prosecutor for Respondent, the court made the following
ORDER: i `'..This criminal petition has been filed under Sections 480 and 483 of the I I BharatiyaNagarik Suraksha Sanhita, 2023, seeking to enlarge the PetitiOnerS- ` accu§6d Nos. 1 and 2 on bail in crime No, 122 of 2025 of DwarakaPol-Ice station, visakhapatnam commissionerate, registered for the offences punishable under Sections 143 (3) and 144 (2) read with Section 3 (5) of the Bharatiya Nyaya Sanh-lta, 2023, and S-ections 3 (1), 4 (1) and 5 (1) (a) of the Immoral Traffic (Prevention) Act, 1956.
CASE OF THE PROSECUTION:
2. Caseofthe prosecution iSthatOn 18-07-2025 atabout5 p.m., the Sub Inspector of police, Dwaraka Police Station,I received information from City Task Force Police Station with regard to the Prostitution activities Carried Out at Lavish Wellness Thai Spa, Dwaraka Nagar, First Lane, Visakhapatnam. After obtaining search proceedings to conduct raid and after securing the presence of mediators and staff, the sub Inspector proceeded to the said place at about 5.40 p.m. On seeing them, two male Persons tried tO flee inside the Spa. The sub Inspector of police apprehended them. on examination, they disclosed their identity as accused Nos. 1 and 2 and they confessed that One male customer ,-,e. accused No. 3 and one female Therapist were inside the room and prostitution activit-les were being carri6d out in the spa. The Sub Inspector arrested accused Nos. 1 to 3 and detained four female massage therapists and seized cash and cellphones llnder a cover Of mediatOrS' report.
I- CO NTENTIONS OF LEARNED COUNSEL FORTHE PET[T[ONERS
3. Sri R.Siva Sai Swarup, learned counsel for the petitioners, contends that the petitioners are innocents of the alleged offences and have been falsely implicat6d by the police. It is further submitted that the petI-tiOnerS_are the sole earning members of their families and, therefore, their continued incarceration would cause undue hardship tothe dependents of the petitioners. The petI-tiOnerSunderfaketo strictly adhere to any conditions that may be imposed by thI-S Court.In light of the foregoing, learned counsel prays that the Present Petition be allowed in the interest of justice.
ARGUIVIENTS OF THE STATE:
4. Per confra, Mr. NeelothpaIGanjI', learned Assistant Public Prosecutor, opposed the grant of bail to the petitioners.
5. Thoughtful consideration is bestowed on the arguments advanced by
learned counsel for both sides.I have perused the entire record.
POINT FOR C NSIDERATION
6. In the light of the case of the prosecution and the contentions oflearned COunSel for both Sides, now the POint for COnSideratiOn iS.-
"Whether the petitioners are entitled for grant of ba-Il?"
ANALYSIS:
7. This is second bail application. The earlier bail application was dismissed by this court on 29-08-2025. Learned Assistant public prosecutor submits that investigation is completed. Filing of charge sheet is a mere formal itv.
CONCLUSION:
8. ln that view Of the matter, this Court is inclined tO enlarge the petitioners-accused Nos. 1 and 2 on bail With the following stringent conditions: (i) The petitioners-accused Nos.1 and 2 shall be enlarged On bail subject to their executing each a bond for a sum of Rs.25,000/- (Rupeestwenty fiVethOuSand Only) With two Sureties for the like sum each to the satisfaction of learned I Add-ltional Chief Judicial Magistrate, Visakhapatnam; (ii) The petitioners-accused Nos. 1 and 2 shall appear before the s.H.O. concerned on every Saturday in between 10:00 am and o5:00 pm till cognizance is taken by learned trial Court; (iii) The pet'ltioners-accused Nos. 1 and 2 shall not commit or indulge in comm|ISSiOn Of any Offence in future; (iv) The petitioners-accused Nos.1 and 2 shall cooperate with the investigating officer in further investigation of the case ( and shall make themselves for interrogation by the investigating officer as and when required; (v) The petitioners-accused Nos.1 and 2 sha_ll 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; and
. _ _ (vi) The petitioners-accused Nos.1 and 2 shall surrendertheir Passports, if any, to the investigating officer. lf they claim that they do not hav'epassports, they shall submit affidavits to that effect to the Investigating officer.
9. The criminal petition is accordingly allowed.
//TRUE COPY// • Tot / SD/- K.SRINIVASA RAJU ASSISTANll GISTP\AP\ OFFICER
1. The I Additional chief Judicial MagI-Strafe, Visakhapatnam.
2. The SuperI'ntendent, Central Pr[-son, vjsakhapatnam.
3. The Station House officer, Dwaraka police stall-On, Visakhapatnam.
4. One CC to Srj R.Siva saj swarup, Advocate [opuc]
5. Two cos topuBLIC PROSECUTOR, High court of A.Pu Amaravati. [ouT]
6. One spare copy. PSD
HIGH ,COURT DR.YLR,J DATE : 22/09/2025 BAIL ORDER CRLP.No.9590 of 2025 ALLOWED