Batchu Venu Bhaskar Reddy Chinna vs The State Of Andhra Pradesh
- Citation2025 SCC OnLine AP 1562
Ratio decidendi
The rule this decision rests on
When a petition for anticipatory bail under Section 438 Cr.P.C. involves allegations of serious crimes carrying social impact—such as human trafficking, drug trafficking, extortion, and extortion by threats of compromising photographs—the court may refuse anticipatory bail even where the First Information Report does not disclose specific overt acts against the accused, where investigation is ongoing and has revealed transaction and communication records between the accused and other accused persons, and where other criminal cases are pending against the accused.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
APHC010120362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3396] (Special Original Jurisdiction)
TUESDAY ,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 2569/2025
Between:
Batchu Venu Bhaskar Reddy @ Chinna ...PETITIONER/ACCUSED
AND
The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused:
1. BEHARA RAJSHEKAR
Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR The Court made the following: 2
HON'BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 2569/2025 ORDER:
This Criminal Petition, under Section 438 of Cr.P.C., is filed on behalf of
the petitioner herein to enlarge him on bail in the event of arrest in connection
with Crime No. 382 of 2024 registered for the offence punishable under
Sections 109(1), 308(5), 318(4), 131, 127(2), 351(2), 61(2) BNS, 67 ITA 2002-
2008 on the file of Kancharapalem Police Station, Visakhapatnam District.
2. The case of the prosecution in brief is that defacto complainant was
running a coffee shop at Vishalakshinagar, Visakhapatnam in the name of
WABI SABI ART CAFÉ. Six months prior to the report, one lady by name K.
Joy Jamima has visited defacto complainant's coffee shop along with her
friend Udaya (Navya) and introduced herself as Digital Marketer and then told
him she can help him develop his business and visited coffee shop regularly.
Later one day, A1 insisted defacto complainant to come out for a drive, when
he went for the drive, while he was driving the car, she sprayed something on
his face and when he questioned the same, she replied that it is just a body
mist. After some days, A1 invited complainant for dinner at her house and
offered him juice and forcibly made him drink it. After dinner, defacto
complainant felt unusually drowsy, later he woke up in A-1's house. On the
same evening, A-1 showed him some intimate photos. A-1 used to compel the
defacto complainant to attend parties at A-2's house. She also forced him to
divorce his wife and marry her and threatened him that she will file a rape
case against him in the same way she did to others and extorted money. She 3
also threatened defacto complainant with criminal force from her gang,
compelled him to enter her drug business and threatened to share those
photos to family and friends. On 24.05.2024, A-1 wrongfully detained the
defacto complainant. Finally, on 29.07.2024, he ran away from A-1's place.
Hence the Crime.
3. Heard Sri N.Ravi Prasad, learned Counsel through V.C., representing
Sri B.Rajashekar, learned counsel for the petitioner and Sri Neelothpal Ganji,
learned Assistant Public Prosecutor representing the respondent/State.
4. Learned counsel for the petitioner would submit that the petitioner
herein is A-6, he is innocent, in fact, he is a victim in the hands of A-1.
Learned counsel would further submit that except making a initial reference in
the First Information Report, nothing in specific is attributed against him. Three
other crimes were also registered against the petitioner wherein the petitioner
was released on regular bail. Learned counsel would further submit that the
entire allegations are made against A-1 that she administered intoxicants and
taking photos in compromising position and threatening people, collecting
money etc. Nothing is alleged against the petitioner. Learned counsel would
further submit that the petitioner is an employee in Forest Department. A-1
and A-2 are released on regular bail. Learned counsel finally prays to consider
the request for anticipatory bail to the petitioner.
5. Learned Assistant Public Prosecutor vehemently opposed the petition.
Learned Assistant Public Prosecutor would further submit that four (4) crimes
have been registered against the petitioner, it is the case of Human trafficking, 4
drugs, extortion. Learned Assistant Public Prosecutor would also submit that
initially petitioner may be victim but later he strongly continued his relation with
A-1 since 2019. The case diary shows 132 transactions were made between
A-1 and the petitioner (A-6). They have retrieved a compact disc and 1039
calls were transcribed. It is not a fit case for anticipatory bail. The health
condition of the victim in this case is very serious. The involvement of huge
amounts in crypto currency is also present in this matter. Learned Assistant
Public Prosecutor finally prays for dismissal of the petition.
6. Considering the submissions made and a fair look at the material
placed on record, it is a fact that FIR does not disclose specific overt acts
against the petitioner except saying that they have formed into a gang. But the
investigation reveals there were transactions between A-1 and A-6 (petitioner)
and calls were made between them. Three more cases are also registered
against the petitioner. The investigation is not completed. In the light of the
severity of the allegations and the nature of the crime, it might have a social
impact, it is not desirable to grant anticipatory bail to the petitioner.
7. In that view, the Criminal Petition is dismissed.
Consequently, miscellaneous applications pending, if any, shall stand closed.
____________________________________ Dr. VENKATA JYOTHIRMAI PRATAPA, J
Date:18.03.2025 UPS 5 80 HON'BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Crl.P. No.2569 of 2025 Dated.18.03.2025
UPS
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