APHC010489342025 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: Between: 1. UDAYAGIRI DHANALAKSHMI @ LAKSHMI, W/O BALA KOTAIAH, AGED ABOUT 43 YEARS. RESIDING AT DOOR NO. 7 AMBEDKAR COLONY, PENAMALURU, KRISHNA DISTRICT, ANDHRA PRADESH, PHONE 6309692113. 2. VELAGALA KIRAN KUMAR, , S/O RAJU, AGED RESIDING AT GUDIVADA, KRISHNA DISTRICT, ANDHRA PRADESH. 1. THE STATE OF ANDHRA PRADESH, Through Station House Officer, Patamata Police Station, Vijayawada City, NTR District, Rep. by its Public Prosecutor High Court of Andhra Pradesh at Amaravati. Counsel for the Petitioner/accused(S): 1. V R MAHESWARA RAO PALETI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9628 OF 2025 UDAYAGIRI DHANALAKSHMI @ LAKSHMI, W/O BALA KOTAIAH, AGED ABOUT 43 YEARS. RESIDING AT DOOR NO. 7 AMBEDKAR COLONY, PENAMALURU, KRISHNA DISTRICT, ANDHRA PRADESH, PHONE 6309692113. VELAGALA KIRAN KUMAR, , S/O RAJU, AGED ABOUT 26 YEARS. RESIDING AT GUDIVADA, KRISHNA DISTRICT, ANDHRA PRADESH. ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, Through Station House Officer, Patamata Police Station, Vijayawada City, NTR District, Rep. by its High Court of Andhra Pradesh at Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): V R MAHESWARA RAO PALETI Counsel for the Respondent/complainant: PUBLIC PROSECUTOR The Court made the following Order: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’ IN THE HIGH COURT OF ANDHRA PRADESH [3521] THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO UDAYAGIRI DHANALAKSHMI @ LAKSHMI, W/O BALA KOTAIAH, AGED ABOUT 43 YEARS. RESIDING AT DOOR NO. 7-95, AMBEDKAR COLONY, PENAMALURU, KRISHNA DISTRICT, ABOUT 26 YEARS. RESIDING AT GUDIVADA, KRISHNA DISTRICT, ANDHRA PRADESH. ...PETITIONER/ACCUSED(S) THE STATE OF ANDHRA PRADESH, Through Station House Officer, Patamata Police Station, Vijayawada City, NTR District, Rep. by its High Court of Andhra Pradesh at Amaravati. ...RESPONDENT/COMPLAINANT The Criminal Petition has been filed under Sections 480 and 483 of the BNSS’), seeking to enlarge the Petitioners/Accused Nos.1 and 2 on bail in Crime No. 369 of 2025 of Patamata Police Station, Vijayawada City, registered against the Petitioners/Accused Nos. 1 and 2 herein for the offence punishable under Sections 143(3), 144(2) of Bharatiya Nyaya Sanhita, 2023 and Sections 3(1), 4(1), 7(1)(A) of The Prevention of Immoral Trafficking Act, 1956 (for brevity ‘the PIT Act.). CASE OF THE PROSECUTION: 2. Material averments stemming from the prosecution are that on 09.07.2025 at 4.00 hrs the Police proceeded to the spot along with Police and conducted a raid at Kamala Enclave, Patamata, Vijayawada, who are running a brothel house by doing flesh trade and apprehended the Accused and seized cash, mobile phones etc., and registered the above case. CONTENTIONS OF THE COUNSEL FOR THE PETITIONER: 3. Sri Paleti V.R.Maheswara Rao, learned Counsel for the Petitioners submits that the Petitioners are innocents and have been falsely implicated in the alleged offence, and that there is no prima facie material or cogent evidence connecting the Petitioners to the commission of the crime. It is further contended that the Petitioners are the sole earning members of their family and that their incarceration would result in grave hardship and irreparable prejudice to his dependents. The Petitioners undertake 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 Petitioners are a permanent residents of Ambedkar Colony, Penamaluru and Gudivada, Krishna District respectively and there exists no apprehension of their absconding or evading the due process of law. The Petitioners have 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 nascent and critical stage, with several material witnesses yet to be examined. It is submitted that the premature enlargement of the Petitioners 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 Petitioners. The prosecution further raises an apprehension that, if released, the Petitioners 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 Petitioners are 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 Petitioners are entitled for grant of bail?” ANALYSIS: 8. This Court on 23.07.2025 in Criminal Petition No. 7418 of 2025 refused to grant pre-arrest bail, but at the request of the Petitioners, granted liberty to surrender before the learned jurisdictional Magistrate. Accordingly they were surrendered on 02.09.2025. They have been in judicial custody for the past 22 days. 9. The allegation against the Petitioner No.2/ Accused No. 2 is that he is organizer of the brothel. It is submitted that Petitioner No.1/ Accused No.1 a lady has been suffering from severe renal problem. 10. Learned counsel for the Petitioners submits that the alleged raid was taken place on 09.07.2025 at 4.00 p.m, whereas as per CCTV footage of the premises of the alleged brothel they came on 08.07.2025. Except contends that it is an afterthought the alleged Mediators Report was prepared. The case is relying on the Co-Accused confession, which was in the presence of the Police. The Petitioners have got fixed abode and they are permanent residents of Ambedkar Colony, Penamaluru and Gudivada, Krishna District respectively. Major portion of the investigation in respect of role of the Petitioners is concerned is completed. The Petitioners filed a Memo along with photographs showing that the Police had come to the premises of the Petitioners on 08.07.2025. The CCTV footages are also filed in a pen drive. CONCLUSION: 11. Considering the gamut of the entire case, nature and gravity of allegation levelled against the petitioner, their alleged role played in this case, and the period of detention undergone by the Petitioners, this Court is inclined to enlarge the Petitioners on bail with the following stringent conditions: i. The Petitioners/Accused Nos. 1 and 2 shall be enlarged on bail subject to their executing a bond for a sum of Rs.50,000/- (Rupees fifty 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 Petitioners/Accused Nos. 1 and 2 shall appear before the Station House Officer, Patamata Police Station, Vijayawada City, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The Petitioners/Accused Nos. 1 and 2 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The Petitioners/Accused Nos. 1 and 2 shall not commit or indulge in commission of any offence in future. v. The Petitioners/Accused Nos. 1 and 2 shall cooperate with the investigating officer in further investigation of the case and shall make themselves available for interrogation by the investigating officer as and when required. vi. The Petitioners/Accused Nos. 1 and 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. The Petitioners/Accused Nos. 1 and 2 shall surrender their passports, if any, to the investigating officer. If they claim that they do not have passports, they shall submit an affidavit to that effect to the Investigating Officer. 12. Accordingly, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 24.09.2025 KK THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9628 OF 2025 24.09.2025 KK