APHC010499382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9821/2025 Between: 1. PRAJAPATH JABRA RAM ALIAS JAGADEESH, S/O INGAJI, AGED ABOUT 36 YEARS, R/O BINMAL VILLAGE AND MANDAL, JALWAR DISTRICT, RAJASTHAN STATE, R/O GANUGAPALEM, ONGOLE. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Station House Officer Ongole Taluk Police Station Rep by its Public Prosecutor A.P High Court Building, Amaravathi. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. CHALLA HRUDAY RAJ Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 ORDER: This criminal petition has been filed under Sections 480 and 483 of the BharatiyaNagarikSurakshaSanhita, 2023, seeking to enlarge the petitioner- accused No. 1on bail in crime No. 368 of 2025 of Ongole Taluk Police Station, PrakasamDistrict, registered for the offences punishable under Sections 143 (1) and (2) and 144 (2) of the Bharatiya Nyaya Sanhita, 2023 (for brevity, 'the BNS'), and Sections 3, 4, 5 and 6 of the Prevention of Immoral Traffic Act, 1956 (for brevity, '1956 Act'). 2. Case of the prosecution is that on 22-06-2025 at about 6 p.m., on receipt of credible information, the Inspector of Police, Ongole Taluk Police Station, along with his staff conducted raid on the brothel house situated in the three-stair house, near Lingarreddy Apartment, Kurnool Road, Ongole Town, arrested accused Nos. 1, 2 and 4 and seized cash of Rs.1,500/- from accused No. 1 and two condoms from accused No. 4 under a cover of police proceedings. The further case of prosecution is that on seeing the police, accused No. 3 escaped from the scene. 3. Mr. Ch.Hruday Raj, 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 sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing 3 submissions, learned counsel prays that the present petition be allowed in the interest of justice. 4. Per contra, Ms.P.Akhila Naidu, 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. In view of the foregoing submissions, it is urged that the petition be dismissed. 5. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor. Perused the record. 6. The allegation against the petitioner-accused No. 1 is that he had run a brothel. This is second bail application. Earlier, this Court on 28-08-2025 dismissed the first bail application in Criminal Petition No. 8610 of 2025. Learned counsel for the petitioner submits that accused No. 2 was enlarged on regular bail by learned II Additional District and Sessions Judge – cum – Special Court for trial of offences against Women, Ongole, Prakasam District, on 29-08-2025 in Criminal M.P.No. 846 of 2025. The petitioner was arrested on on 22-06-2025. He has been in judicial custody for the past 96 days. Even though charge sheet has not yet been filed, material portion of investigation is completed. 4 7. Considering the facts and circumstances of the case and the nature and gravity of allegations levelled against the petitioner, this Court is inclined to enlarge him on bail with the following stringent conditions: (i) The petitioner-accused No. 1 shall be enlarged on bail subject to his executing a bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the like sum each to the satisfaction of learned Special Mobile Court, Ongole; (ii) The petitioner-accused No. 1shall appear before the Station House Officer concerned on every Saturday in between 10:00 am and 05:00 pm till cognizance is taken by learned trial Court; (iii) The petitioner-accused No. 1 shall not commit or indulge in commission of any offence in future; (iv) The petitioner-accused No. 1 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; (v) The petitioner-accused No. 1 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; 5 (vi) The petitioner-accused No. 1 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; and (vii) However, the investigating officer is at liberty to approach this Court, if the petitioner-accused No. 1 indulges in similar kind of offence during pendency of the criminal case against him, seeking for cancellation of bail. 8. The criminal petition is accordingly allowed. ________________________ Date: 25-09-2025, DR. Y. LAKSHMANA RAO, J. JSK 6 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No. 9821 OF 2025 Date: 25-09-2025 JSK