APHC010588092024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K.SREENIVASA REDDY CRIMINAL PETITION NO.9514 OF 2024 Between: Shaik Shajahan ...PETITIONER/ACCUSED AND The State of AP Rep. by its PP ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. HABIBULLA SHAIK Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following ORDER: This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/Accused, seeking regular bail, in Crime No.183 of 2024 of Eluru I Town Police Station, Eluru district. 2 2. A case has been registered against the petitioner herein for the offences punishable under Sections 318(2), 69 and 351(3) of the Bharatiya Nyaya Sanhita, 2023. 3. Case of the prosecution, in brief, is that, the victim Gadi Teja Sri is resident of Satyanarayanapeta, Eluru. The accused is also resident of same village. While the victim was searching for job, the accused approached her promising that he would arrange a job and obtained her phone number. He used to talk with her over phone and expressed his love towards her and stated that he would marry her. On 26.11.2023, the accused invited her to his house for job purpose. When she came to his house, it is alleged that the accused had sexual intercourse with her against her will and consent. On 25.11.2024, when the victim along with her parents and elders went to the house of accused and asked him for marriage, he refused to marry her, abused them in filthy language and threatened them with dire consequences. 4. Heard. Perused the record. 5. The allegation against the petitioner/accused is that, on the pretext of providing job to the victim/de facto complainant, he had physical relationship with her and later when the de facto 3 complainant asked the petitioner to marry her, he refused to marry her. Thereafter, the present case has been registered against him. There is any amount of ambiguity whether the offence under Section 69 of the BNS would attract against the petitioner herein or not, for the reason that in order to attract the offence under Section 69 of the BNS, there should be sexual intercourse by employing in a deceitful manner. Going by the averments contained in the remand report, this Court is of the opinion that the accusation that contained in the remand report would not in any way come within the purview of Section 69 of the BNS. The petitioner was arrested on 04.12.2024 and since then he is in jail. 6. In view of the aforesaid facts and circumstances of the case, this Court is inclined to grant bail to the petitioner/Accused on the following conditions. i) The petitioner/Accused shall be released on bail on his executing a personal bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Eluru. 4 ii) On release, the petitioner shall appear before the Station House Officer concerned, once in a week i.e., on every Saturday between 10.00 am and 01.00 pm, till filing of the charge sheet. 7. Accordingly, the Criminal Petition is allowed. _______________________ K. SREENIVASA REDDY, J Dated:02.01.2025 Nsr 5 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Criminal Petition No.9514 of 2024 Dated:02.01.2025 Nsr