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2026 DAILYLAW 5341 (AP)

Marada Venu v. The State of Andhra Pradesh

CRLP/5153/2026 · 2026-07-09

Y Lakshmana Rao

body2026

Judgment text

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Date of reserved for orders : Date of pronouncement :10.07.2026 Date of uploading : APHC010321512026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY, THE 10th DAY OF JULY 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5153/2026 Between: 1. MARADA VENU, S/OAGED 27 YEARS,R/O D.NO.2-131 COLONY, DIBBAGUDIVALASABOBBIN MD,VIZIANAGARAM,ANDHRA PRADESH- 535573 ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep.By its Public Prosecutor,High Court at Amaravathi Through Station House Officer, Dwaraka P.S.Visakapatnam City. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. ABDUS SALEEM Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 20231 by the Petitioner/Accused No.4, for granting of pre-arrest bail in connection with Crime No.54 of 2026 on the file of Dwaraka Police Station, Visakhapatnam, for the offences punishable under Sections 143(3), 144(2), 111 (1) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 2 and Section 3 (1), 4(1), 5(1)(a) of the Immoral Traffic (Prevention) Act, 1956. 2. Sri Abdus Saleem, learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. He contends that the petitioner is merely working as an electrician in the spa and has no role whatsoever in the alleged offences. He further submits that the petitioner has not committed any offence and that his custodial interrogation is not required. It is also submitted that Accused Nos.1 to 3 have already been enlarged on bail and prays to allow the petition. 3. Per contra, Sri A.Sai Rohit, learned Assistant Public Prosecutor, vehemently opposes the petition. He submits that the investigation is still in progress and that the custodial interrogation of the petitioner is necessary for an effective investigation. He further submits that the petitioner was actively involved in the management and day-to-day affairs of the spa centre where the 1 ‘the BNSS’ 2 ‘the BNS’ alleged illegal activities were being carried on. He, therefore, prays for dismissal of the petition. 4. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 5. As seen from the record, the allegation against the petitioner/Accused No.4 is that he was working as the Manager of the spa centre where the alleged offences punishable under Sections 143(3), 144(2), 111(1) read with Section 3(5) of ‘the BNS’, and Sections 3(1), 4(1) and 5(1)(a) of the Immoral Traffic (Prevention) Act, 1956, were allegedly being carried on. The mediators' report specifically records that the petitioner was functioning as the Manager of the spa and was looking after its day-to-day activities. On a perusal of the material available on record, it is evident that the investigation is still in progress and several material witnesses are yet to be examined. At this stage, the custodial interrogation of the petitioner cannot be ruled out. In the event of grant of anticipatory bail, there is a reasonable apprehension that the petitioner may tamper with the electronic evidence, influence the material witnesses and other staff members of the spa, and thereby impede the course of investigation. 6. Indeed, grant of pre-arrest bail is neither a license for commission of a grave offence nor a shield or protection for the persons who have allegedly committed grave offence, and against whom specific overt acts are attributed, as per the judgments of the Hon’ble Supreme Court in Gurbaksh Singh Sibbia v. State of Punjab3and Sushila Aggarwal v. State (NCT of Delhi). 4 7. In view of above facts and circumstances of the case, nature and gravity of the specific allegations levelled against the Petitioner, this Court is not inclined to consider the request of Petitioner for grant of pre-arrest bail as the Petitioner is disentitled for the relief. 8. Hence, this criminal petition is dismissed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 10.07.2026 JLSR Whether the order is : Speaking Yes/No / Recorded Yes/No Reportable Yes/No / Non-Reportable Yes/No 3 (1980) 2 SCC 565 4 (2020) 5 SCC 1 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5153 of 2026 09.07.2026 JLSR