Shaik Baji Vs The State of Andhra Pradesh

Shaik Gulshan,, W/o. Arafath Khan, 25 years, Vijaya Santhi Nagar, Suddapalli Donka, Old Guntur, Guntur District. Respondent No.2 is impleaded as per the Court's order dated 24.10.2025 in CrI.P.No.10949 of 2025.

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Respondent

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Petition under Section 528 of BNS, 2023 is filed be pleased to direct the respondent police to release the petitioner on bail in the event of his arrest in connection with Crime No.258 of 2025 dated 27.08.2025 of Old Guntur Police Station, Guntur District, registered for the offences under Sections 85, 81, 49, 318(2), 351(2) read with Section 3(5) of BNSS, 2023 and Sections 3 and 4 of the Dowry Prohibition Act.

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The petition coming on for hearing, upon perusing the^{Petitionandthe} affidavit filed in support thereof and the earlier orders of the High Court dated: 24.10.2025 & 28.10.2025 made herein and upon hearing the arguments of Sri ANCHA PANDURANGA RAO, Advocate for the Petitioner and of PUBLIC PROSECUTOR for the Respondent No.1, the Court made the following;

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[3521]

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APHC010564372025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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THURSDAY,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO

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CRIMINAL PETITION NO: 10949/2025

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Between:

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SHAIK BAJI, S/O. SHAIK ABDULLAH, AGED ABOUT 32 YEARS,^R/0. D.NO.17-23-134, MAGDUM NAGAR, NEARTELUGU DESAM DIMMA, OLD GUNTUR, GUNTUR - 522001

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...PETITIONER/ACCUSED

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AND

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1.THE STATE OF ANDHRA PRADESH, THROUGH ITS SHO OLD GUNTUR PS, GUNTUR DISTRICT, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A. P AT AMARAVATI.

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2.SHAIK GULSHAN, W/0. ARAFATH KHAN, 25 YEARS, VIJAYASANTHI NAGAR, SUDDAPALLI DONKA, OLD GUNTUR, GUNTUR DISTRICT. RESPONDENT N0.2 IS IMPLEADED AS PER THE COURT'S ORDER DATED 24.10.2025 IN CRL.P.NO.10949 OF 2025.

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...RESPONDENT/COMPLAINANT(S):

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Counsel for the Petitioner/accused:

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ANCHA PANDURANGA RAO

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Counsel for the Respondent/complainant(S):

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1.KIRAN KUMAR BALIGAMSETTI

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PUBLIC PROSECUTOR

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LEGAL AID

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2

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Dr.YLR,J CrI.RNo. 10949 of 2025 Dated 04.12.2025

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The Court made the following:

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ORDER:

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The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioner/Accused No.9 for granting of pre-arrest bail in connection with Crime No.258 of 2025 of Old Guntur Police Station, Guntur District, registered for the alleged offence punishable under Sections 85, 81, 49, 318(2) and 351(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’) and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (for brevity ‘the D.PAct).

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Heard the learned Counsel for the Petitioner, the learned Assistant Public Prosecutor and the learned legal aid counsel for Respondent No.2. Perused the record.

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As seen from the record, the de-facto complainant/Respondent^No.2 lodged a typed report with the police, alleging certain offences against her husband and relatives, which are punishable under Sections 85, 81, 49, 318(2), and 351(2) read with Section 3(5) of ‘the BNS’,^{andSections3and4} of ‘the D.P.Act’. Respondent No.2 further alleged against the Petitioner/Accused No.9 that he acted as a broker for the marriage. She also alleged that the petitioner and other middlemen did not issue marriage certificate and abused her in filthy language. Accused No.1 had already been

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Dr.YLR,J CrI.R No. 10949 of 2025 Dated 04.12.2025

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3

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enlarged on regular bail vide order dated 19.09.2025 in Crl.P.No.9573 of 2025 by this Court.

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Considering the facts and circumstances of the case, gravity and nature of the allegations levelled against the Petitioner/Accused No.9, this Court is inclined to grant pre-arrest bail to the Petitioner/Accused No.9.

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In the result, the Criminal Petition is allowed with the following conditions:

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i. In the event of arrest of the Petitioner/Accused No.9, he shall be enlarged on bail subject to him executing a self-bond for a sum of Rs. 10,000/(Rupees Ten Thousand only) with two sureties for the like sum each to the satisfaction of the arresting police officials,

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ii. The Petitioner/Accused No.9 shall make himself available for investigation as and when required,

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iii. The Petitioner/Accused No.9 shall not cause any threat, inducement or promise to the prosecution witnesses.

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iv. The Petitioner/Accused No.9 shall appear before the Station House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet.

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V. The Petitioner/Accused No.9 shall not leave the State of Andhra Pradesh limits without the express permission from the Station House Officer concerned.

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Dr.YLR,J CrI.RNo. 10949 of 2025 Dated 04.12.2025

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vi. The Petitioner/Accused No.9 shall surrender his passport, if any, to the investigating officer. If^he claim that he do not have passport, he shall submit an affidavit to that effect to the Investigating Officer.

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//TRUE COPY//

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SDI- P.VINOD KUWIAR DEPUTY REG^TOAFi

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SECTION OFFICER

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To,

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