IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl WEDNESDAY ,THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10062 OF 2025 u\ _>: _ >-:I.1 Betwee n : Chilalmcharla Nagasai, S/o Ajay Gosh Aged 24 years, Vysya by caste, Painampalli village , Nelakondapalli MandaI, Khammam District Telangana State. Petitioner/Accused AND 1. The Station House Officer, Inspector of Police, Women P.S, Ongole Rep by its Public Prosecutor, High Court ofA.P, Amaravati. Respondent 2. Shaik Nagoorbi, Daughter of Shaik Mastan Vali, Aged about 24 years, Islam pet, ongole, prakasam District R-2 is impleaded as per the court order dated 08/10/2025 in lA.No.1 of 2025 in CrI.P.No.10062 of 2025 Respondent/DefactoComp]ainant Petit-Ion under Sections 437 & 439 of Cr.P.C, (New Sections 480 & 483 of BNSS, 2023) praying that in the circumstances stated 'ln the affidavit filed in support of the Criminal Petition, the High Court may be pleased to grant the regular bail to the petitioner/ Accused connection with CR. 71 of 2025 Vlll Additional District Sessions judge at Ongole in on the file of women Police Station, Prakasam District COUNSEL FOR THE PETITIONER : SRl. A SYAMA KRISHNA KAMALASAI couNSEL FOR THE RESPONDENT NO.1 : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER Dr. YLR, J Crl.P.No.10062 of 2025 Dated 08.10.2O25 The Court made the following: ORDER: The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure,1973 (for brevity [the Cr.P.C.I)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity 'the BNSS'), seeking to enlarge the petition'ers/Accused on bail in Cr.No.71 of 2025 of Mahila Urban Police Station, Ongole, Prakasam District, was registered against the petitioners/Accused herein for the offences punishable under section 69 of the Bhara{iya Nyaya Sanhita, 2023 (for brevity {the BNS'). 2. The case of the prosecution is that on 17.08.2025 at about 13:30 hours, the complainant stated that she has been working in a software company, IndovisI'On, at Chennai, where she became acquainted with Chillamcharla Nagasai, and they developed a love affair. After returning to Ongole in January 2025 due to ill health, she continued her contact with him. ln April 2025 and again in July 2025, Nagasai visited her house, deceitfully promised to marry her, and forcibly had sexual intercourse with her. when she asked him to marry, he refused. Basing on her complaint, a case was registered. 3 Dr. YLR, J Crl.P.No-10062 of 2025 Dated 08.10.2025 3. Mr.A.Syama Krishna KamalasaI-, the learned counsel for the PetitI'Oner .contends that the petitioner is innocent of the alleged offence and he has been falsely implicated by the police. lt is further submitted that the Petitioner iS the sole earning member of the family and, therefore, hI'S incarceration would cause undue hardship to hl's dependents. The Petitioner undertakes to strictly adhere to any conditions that may be imposed by thl-s Court. ln light of the foregoing submissI-OnS, learned counsel prays that the present petI'tiOn be allowed in the interest of justice. 4. Per confra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed to grant of bail to the petitioner, submitting that the investigation is stI'll underway and several materI'al Witnesses remain to be examined. lt is contended that if the petitioner is released on bail at this stage, there is a strong ll-kelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law. ln view of the foregoing submissions, it is urged that the petition be dismissed. 5. On the other hand, Mr.Mohammad lsmaiI, the learned counselfor{he respondent No.2, while reiterating the arguments of the learned Assistant Public Prosecutor, submits that the accusation is well-founded against the petitioner, and it js urged that the petition be dismissed. 4 Dr. YLR, J CrI.P.No.10O62 of 2025 Dated 08.10.2025 6. Heard the learned counsel for the petitioner, the learned Assistant Public Prosecutor and learned counsel for the respondent No.2. Perused the record. 7| As seen from the record, the allegation against the petitioner/sole accused is that he loved the de-facto c-omplainant and later refused to marry her after having participated in sexual intercourse on several occasions. The petitioner and the de-facto complainant are majors and they worked together. The petitioner was arrested on 17.08.2025 and sent to judicial custody on 19.08.2025. He has been in judicial custody for the past 53 days. The Superintendent of Police, District Jail, Ongole, submitted a medical certificate Stating that he has been suffering from ulcerative colitis and requires urgent medical treatment. So far, seven witnesses have been examined. The prime portion of the investigation, insofar as the role of the petitioner is concerned, has been completed. The petitioner is a resident of Painampalli Village, Nelakondapalli Mandal, Khammam District, Telangana State. lf certain stringent conditions are imposed on the petitioner, the interest of justice would be sub-served, 8. Considering the nature and gravity of the allegations levelled against the petitioner, his alleged role in the case, and the period of detention unclergone by the petitioner in judicial custody, this Court is inclined to enlarge the petitioner on bail with the following stringent conditions: •-'t ., E±iffi€=i3:i:Z;=:£Sy 5 Dr, YLR, J CrI.P.No.10062 of 2025 Dated 08.10.2025 The petitioner/Accused shall be enlarged on bail subject to he executing a bond for a sum of Rs.20,000/-(Rupees Twenty Thousand only), with two sureties each for the lI-ke Sum each tO the Satisfaction of the learned Ill Additional Judicial Magistrate a{ Ongole. ii. The petitioner/Accused shall appear before the Station House Officer concernecl on every Saturday in between 10:00 am and 05:00 pm, till cognizance is -- taken by the learned the Trial Court. iii. The petitioner/Accused shall not leave the limits of the District without prior permission from the Station House Officer concerned, iv. The petitioner/Accused shall not commit or indulge in commission of any offence in future. v. The petitioner/Accused 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. vi. The petitioner/Accused shall not, directly or indirectly, make any inducement, threat or promise to any 6 Dr. YLR, . crl ' p-NDO;tleOdO::.olfO:20o2255 * 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. 9. Accordingly, the Criminal Petition is allowed. //TRUE COPY// sD/-T.SRINIVASA RAO ASSIS=¥lSTRAR For ASSISTANT REGISTRAR To, 1. The Ill Additional Judicial Magistrate at Ongole 2. The Superintendent, Ongo'e District Jial, Ongole 3. The Station House Officer, Women P.S, Ongole 4. One CC to SR'. A SYAMA KRISHNA KAMALASAI Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of A.P[OUT1 6. One spare COPY HIGH COURT DR.YLR,J DATED:O8/1 O/2025 BAIL ORDER CRLP.No.10062 of 2025 ALLOWED