+ I, lN THE HIGH COURT OF ANDHRA PRADESH AT AM FRIDAY, THE FOURTH DAY OF APRIL, ll^/O THOUSAND AND TWENTY FIVE :PRESENT: Betwee n : ``,. , HONOURABLE SRI JUSTICE K SURESH REDDY CRIMINAL PETITION NO: 1954 OF 2025 / Sake Hari @ Sake Aravind, S/o. Ramanjaneyulu, aged 24 years, D.No.25- 226, Parthasarathi Nagar, Dharmavaram town, sri satya sai DI'StriCt. ...Petitioner/A2 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A.P. Amaravathi, Guntur District, through SHO, Dharmavaram ll Town Police Station, Sri Satya Sai DistrI'Ct. ...Respondents/Complainant Petition under section 438 of Cr.P.C (Under Section 482 of BNSS, 2023) is fl''ed praying that in the circumstances stated in memorandum of grounds of Criminal Petition, the Hl'gh Court may be pleased to dl'rect the Respondent-police to enlarge the petitioners/A2 on bail in Cr.No.165 of 2023 of Dharmavarm II Town Police Station, Anantapur District in the event of thel'r arrest by granting anticipatory bail Pending dl'sposal of the CaSel. -`- The petition coming on for hearing, upon perusing the petition and memorandum of grounds of criminal petition and upon hearing the arguments of M/s Prameela.P, Advocate for the Petitioner and Public Prosecutor for the Respondent; _-,.` APHCO10091742025 lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (special Original Jurisdiction) [3239] FRIDAY ,THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY QBIMINAL PETITION NO: 1954/2025_ Between : SAKE HARl @ SAKE ARAVIND, S/O. RAMANJANEYULU, AGED 24 YEARS, D.NO,25-226, PARTHASARATHI NAGAR, DHARMAVARAM TOWN, SRI SATYA SAI DISTRICT. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. by its Public prosecutor, High Court of A.P. Amaravathi, Guntur District, through SHO, Dharmavaram ll Town Police Station, Sri Satya Sat District ...RESPONDENT/COMPLAINANT counsel for the Petitioner/accused'. 1. Prameela P counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following ORDER ..- A.2 in Crime No.165 of 2023 of Dharmavaram ll Town Police station, sri sathyasai District, filed the Present aPPl'lCatiOn under section 482 Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre- arrest bail. -752-_ -~ -_ 2 CrI.P.No.1954 of 2025 KSR,J I/ 2. Initially, the said crime was registered for the offences under Sections. 363 and 506 read with 34 IPC. Subsequently, section 364 IPC was added. 3. Case of the prosecution is that the husband of the defacfo complainant approached one c.Lakshmi and requested for an amount of Rs.35,000/-. As the said c.Lakhmi was not having money, she took the defacfo complainant and her husband to A.1, who advanced an amount of Rs.20,000/- and A.2 an amount of Rs.15,000/- to the husband of defacfo complainant who agreed to repay the money with interest. /nap,'fe of repeated demands, the husband of the defacfo comp'ainant did not repay the money borrowed from A,1 and A.2. While so, on 14.12.2023 at about 5.OO P.M., A.1 and A.2 went to the house of defacfo complainant and demanded money. By that time, the husband of the defacfo complainant was not present in the house. on the same day, at about 6.00 P.M., A.1 and A.2 took away the son and daughter of the c/eracfo complainant, who are aged about ll and 10 years respectively, stating that unless the amount is paid, they will not release both the children. Thereafter, on the same day at about 10.00 P.M., the defacfo complainant along wI'th her relatives approached A.1 and A.2 who in turn released the children on the condition that payment of amount should be made within three days, otherwise they will again take the children into custody. on the basis of the said allegations, the defacfo complainant gave a report to the police, on which the present crime has been registered. 4. Learned counsel for the petitioner contends that the defacfo complainant in order to avoid the payment of loan amount, which was taken by her husband, has resorted[to the present crimI'nal prosecution. Further, the ingredients of offence under section 364 IPC are not made 'tE-, ii= Crl.P.No.1954 of2025 KSR,J ~/ out in the facts and circumstances of the case and at the most, the provisions of section 363 lPC may be attracted which is punishable with imprisonment of seven years, 5. On the other hand, learned Additional Public Prosecutoropposed the bail application. 6. This court Perused the entire material On record. This Court is not inclined to go into the merits on the aspect of ingredients of Section 364 lPC are attracted Or not at this Stage Since the inVeSt'lgatiOn iS in progress. Though the crime has been registered On 15.12.2023, till today the police could not apprehend the petitioner and as such, the police are not able to file the charge sheet. 7. ln View Of the above facts and Circumstances, this Court is inclined to grant antic|lpatory bail to the petitioner/A.2 with the following conditions :- i. The petitioner/A.2 is directed tO Surrender before the Station House Officer, Dharmavaram ll Town Police Station, on or before 17.04.2025 and on Such Surrender, he Shall be enlarged on bail on his furnishing a personal bond for Rs.25,000/- (Rupees twenty five thousand Only) With two sureties for a like sum each to the satisfaction of Station House Officer concerned; and ii. on such release, the petitioner/A.2 shall appear before the station House Officer concerned, on every Monday between 10.00 a.m. and 1.00 p.m. till filing of the Charge Sheet; and iii. The petitioner/A.2 shall not, directly Or indirectly, induce, threaten, or promise any person acquainted with the facts of the case to d-lssuade them from disclosing such facts to the D -`---\ `. di`, 4 Crl.P.No.1954 of 2O25 KSR,J court or any lnvestigatl'ng or police officer and sha" 7/ cooperate with the investI-gatI'ng Offl-Cer. 8. Accordingly, the crI|minal Petition js allowed. As a sequel, miscellaneous appII'CatI'OnS PendI'ng, jf any, sha" stand closed. / //TRUE COPY// ForA ASSISTANT RE sd/-sK. MD. RAFl ;TANT R#ngRAR SECTION OFFICER To, 1. The Judicial First class Magistrate, Dharmavaram. 2. The Station House Officer, Dharmavaram lI Town Police Station, SrI' Satya Sai DistrI'Ct. 3. One CC to M/s Prameela.P, Advocate [OPUC] 4. Two cos to Public Prosecutor, High Court of AP [OUT] 5. One spare copy MM ii! iiiE _e=EE[ «/' + HIGH COURT KSR,J DATED :04/04/2025 ORDER CRLP.No.1954 of 2025 ALLOWED I-a.