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2025 DAILYLAW 42504 (AP)

Balaga Siva v. The State of Andhra Pradesh

CRLP/10785/2025 · 2025-10-28

Y Lakshmana Rao

body2025

Judgment text

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APHC010555092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10785/2025 Between: BALAGA SIVA, S/O BALAGA YEMKUNAIDU, AGED 32 YEARS,R/O NADIMI STREET, TALLABURIDI VILLAGE,PARVATHIPURAM MANDAL, VIZIANAGARAM DISTRICT. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Represented by its Public Prosecutor,High Court of Andhra Pradesh,Through M.V.P. Police Station,Visakhapatnam City. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: BONU RAMA SHANKAR RAO Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr. YLR, J Crl.P.No.10785 of 2025 Dated 29.10.2025 The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the petitioner/Accused No.1 for granting of pre-arrest bail in connection with Crime No.348 of 2025 of Muvvalavanipalem Police Station, Visakhapatnam District, registered for the alleged offences punishable under Sections 143(3), 144(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’) and Sections 3(1), 4(1), 5(1)(a) of the PIT Act. 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. As seen from the record, the allegation against the petitioner/Accused No.1 is that he, along with Accused No.2, organized a brothel and was running it by luring innocent girls into the flesh trade. There are several victims. L.Ws.9 to 14, who are victims, gave their statements alleging specific overt acts against the petitioner. L.W.9, the main victim, specifically stated that the petitioner compelled her to resort to prostitution by luring her in the name of providing a job and later 3 Dr. YLR, J Crl.P.No.10785 of 2025 Dated 29.10.2025 compelled her to do prostitution by offering some amounts towards commission. 4. In view of the specific overt acts attributed against the petitioner, this Court is not inclined to grant pre-arrest bail to the petitioner, as it would amount to giving a shield, or protection or license to the petitioner who had allegedly caused severe injuries to the victims, as per the judgments of the Hon’ble Apex Court in Gurbaksh Singh Sibbia v. State of Panjab1 and Sushila Aggarwal v. State of (NCT of Delhi)2. 5. Considering the facts and circumstances of the case, there are no merits to grant pre-arrest bail to the petitioner/Accused No.1. Hence, the Criminal Petition is liable to be dismissed. 6. In the result, the Criminal Petition is dismissed. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 29.10.2025 RSI 1(1980) 2 SCC 565 2(2020) 5 SCC 1 4 Dr. YLR, J Crl.P.No.10785 of 2025 Dated 29.10.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.10785 of 2025 Date: 29.10.2025 RSI