K IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE SIXTH DAY OF MAY, TWO THOUSAND AND TWENTY FIVE iPRESENT: HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4127 OF 2025 Between: Konathala Lokesh Venkata Sal Durga @ Lokesh, S/o. Venkata Guru Prasad Rao, Aged 19 Years, R/o. D.No. 2-73/1, Lakshminaryanapuram, Attili Mandal, Mogallu, West Godavari District. ...Petitioner/ Accused No.5 AND The State of Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...Respondent/ Complainant Petition under Sections 437 & 439 of Cr.P.C and under (Section 480 & 483 of BNSS, 2023) is filed praying that in the circumstances stated in memorandum of grounds of Criminal Petition, the High Court may be pleased to grant Bail to the petitioner/Accused No.5 in connection with Crime No.37 of 2025, Bhimavaram, Rural Police Station, West Godavari District: v r The petition coming on for hearing, upon perusing the Petition and memorandum of grounds of criminal petition and upon hearing the arguments of Sri Ramakrishna Akurathi, Advocate for the Petitioner and Public Prosecutor for the Respondent; 4 1 Dr.YLR,J Crl.P.No.4127of 2025 Dated06.05.2025 APHC010167122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4127/2025 Between; ...PETITIONER/ACCUSED Konathala Lokesh Venkata Sai Durga @ Lokesh AND ...RESPONDENT/COMPLAINANT The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1. RAMAKRISHNA AKURATHI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Sections 480 and 483of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioner/Accused No.5 on bail in Cr.No.37 of 2025 of Bhimavaram Rural Police Station, West Godavari District, registered against the petitioner/Accused No.5 herein for the offence punishable under Sections137(2), 70(2), and 351(2) of the Bharatiya Nyaya Sanhita, 2023 (for brevity, ‘the BNS’), Section 3 read with 4 of the Protection of Children from A 2 Dr.YLR,J Crl.P.No.4127 of 2025 Dated06.05.2025 Sexual Offences Act, 2012 (for short ‘the POCSO Act’), and Section 67-A of the Information Technology Act, 2000 (for short ‘the Act’). The case of the prosecution is that the Victim/Defacto-complaina nt was gang raped by the other accused and that brutal activity was recorded and that the video clipping was given to the petitioner by accused No.3, asking to upload in the social media, and the petitioner uploaded the video in social media. 2. 3. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. Sri Akurathi Rama Krishna, the learned counsel for the petitioner submits that the petitioner is an innocent; he has not committed any offence; he is a student; he would abide by any conditions to be imposed by this Court, and urged to enlarge the petitioner on bail. Per contra, Ms. P. Akhila Naidu, learned Assistant Public Prosecutor, argued that the investigation is still pending. She contends that the act allegedly committed by the petitioner is inhuman and barbaric, and urged to dismiss the bail petition. 4. 5. On perusal of the record, the petitioner has been in judicial custody for the past 76 days. He was arrested for commission of offence punishable under Section 67-A of ‘the Act’, which prescribes punishment of up to seven years and a fine of up to ten lakhs, and also under Section 13 read with 14 of ‘the POCSO 6. Act’, which is punishable, on first instance, up to five years and on further instance may extend up to seven years. Undeniably the nature of the activity 4 3 Dr.YLR,J Crl.P.No.4127 of 2025 Dated06.0S.2025 allegedly committed by the petitioner/accused No.5 is inhuman beyond human comprehension that he had uploaded the video of gang rape by the other accused without thinking pros and cons of the offence. Needless to say that the alleged act committed by the petitioner has more 7. ill effects and evil ramification than the alleged acts committed by the other accused. However, keeping in view the period of detention undergone by the \ petitioner for about 76 days and the age of the petitioner that he is teenaged, this \ Court inclines to enlarge the petitioner on bail with the following strict conditions. ^ In the result, the criminal petition is allowed with the following conditions; 8. i) The petitioner/ accused No.5 shall be enlarged on bail subject to the executing a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only), with two sureties each for the like sum each to the satisfaction of the learned Principal Civil Judge(Junior Division)-cum-Judicial Magistrate of First Class Bhimavaram. ii) The petitioner/ accused No.Sshall appear before the Station House Officer, Bhimavaram Rural Police Station, West Godavari District,on every Saturday in between 10:00 am and 05:00 pm., till the cognizance is taken by the learned Trial Judge. 4 Dr.VLR,j Crl.P.No.4127of202s Dated06.05.202S iii) The petitioner/ influence or threaten facto complainant, iv) The petitioner/accused the district without pri Magistrate. accused No.5 shall not directly or indirectly or meet the witnesses including the de- No.5 shall not leave the prior permission from precincts of the Jurisdiction i / SD/-B.CHITTI JOSEPH assistant;.r)^gistrar SECTI //TRUE COPY/i officer F - To, 1. The Principal Civil Judge (Junior Division), cum- Judicial Magistrate of First Class Bhimavaram. 2. The Superintendent, Central Prison, District Jail Eluru. 3. The Station House Officer, Bhimavaram Rural Police Station, West Godavari District. 4. One CC to Sri. Ramakrishna Akurathi, Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Court of AP [OUT] 6. One spare copy HIGH COURT Dr.YLR,J DATED:06/05/2025 ORDER CRLP.No.4127 of 2025 ALLOWED