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2026 DAILYLAW 1141 (AP)

Shatishbhai Babubhai khair alias Satishbhai Babubhai Khair v. The State of Andhra Pradesh

CRLP/2911/2026 · 2026-04-21

Venkata Jyothirmai Pratapa

body2026

Judgment text

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APHC010194822026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2911/2026 Between: 1. SHATISHBHAI BABUBHAI KHAIR ALIAS SATISHBHAI BABUBHAI KHAIR, S/O.BABUBHAI KHAIR,26 YEARS, MAGARIFALI STREET, JOTASAN VILLAGE, POSHINA TALUKA, SABARKANTHADISTRICT, GUJARAT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY THE PUBLIC PROSECUTOR,HIGH COURT OF AP, AMARAVATHI. ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to release of the petitioner/Accused-8 on bail in connection with Crime (FIR) No. 584 of 2026 of Bhavanipuram Police Station, Vijayawada, under section 143(5) BNS, Sec 81 and 87 of Juvenile Justice Act Pending enquiry and trial, and pass such Counsel for the Petitioner/accused: 1. KAKUMANU JOJI AMRUTHA RAJU Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2911/2026 ORDER: This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/Accused No.8, seeking regular bail, in Crime (FIR) No. 584 of 2026 of Bhavanipuram Police Station, Vijayawada, registered for the offence punishable under Sections 143(5) of Bharatiya Nyaya Sanhitha, 2023 (for short “BNS”), Sections 81 & 87 of the Juvenile Justice (Care and Protection of Children) Act. 2. Heard Sri Kakumanu Joji Amrutha Raju, learned counsel for the petitioner and Mrs.K.Priyanka Lakhmi, learned Assistant Public Prosecutor on behalf of the State. 3. The case of the prosecution in brief is that, on 17.12.2025, on receipt of credible information regarding human trafficking, the police conducted a search at D.No.1-1/6-78, near Varahi Grand Hotel, Vidhyadharapuram, Vijayawada, and found three infants, while the accused persons were allegedly discussing the sale of the children. The police apprehended the accused on the spot. Based on the confessional statements of the accused, the petitioner herein was arrayed as Accused No.8. 4. Learned counsel for the petitioner would submit that the petitioner herein is the accused No.8. The petitioner is innocent and he never committed any offence and he is falsely implicated in this case. The petitioner was sent to 3 judicial custody on 09.01.2026 on execution of P.T.Warrant. The crucial part of the investigation might have been completed by now. Learned counsel for the petitioner would further submit that all the other accused were released on bail by the Trial Court. The petitioner undertakes to abide by any conditions that may be imposed by this Court and is ready and willing to furnish adequate sureties to the satisfaction of this Court. Learned counsel finally prays to allow the petition. 5. Learned Assistant Public Prosecutor vehemently opposed the petition and submitted that the investigation has been completed and a charge sheet has already been filed in the case. She further contended that if the petitioner is released on bail, there is every likelihood of the petitioner absconding and not appearing before the Court, and also of tampering with the evidence or influencing the witnesses. It is further submitted that there are specific allegations against the petitioner and the offence involved is a serious one relating to child trafficking, and therefore the petitioner is not entitled to bail at this stage. 6. Considering the submissions made and upon perusal of the material placed before this Court, as rightly contended by the learned Assistant Public Prosecutor, the investigation has been completed, charge sheet has also been filed. Further, the offence alleged is a serious one relating to child trafficking, involving a clear conspiracy among the accused. At this stage, there is prima facie material indicating the involvement of the petitioner in the commission of the offence. In view of the gravity of the offence and its impact 4 on society, this Court is of the opinion that this is not a fit case to grant bail at this stage. 7. Accordingly, the Criminal Petition is dismissed. As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed. __________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 22.04.2026. UPS 5 194 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2911/2026 Dt.22.04.2026 UPS