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High Court Yanks Bail from School Principal in Shocking POCSO Case Involving Autistic Teen
In a stern rebuke to leniency in child sexual abuse cases, the has cancelled bail granted to K. Sambasiva Rao, a 62-year-old school principal accused of indecently assaulting a 16-year-old autistic girl under his care. Single Judge bench of Dr. Justice Venkata Jyothirmai Pratapa , in an order dated , slammed the trial court for granting bail via a successive application without any substantial change in circumstances, underscoring the gravity of POCSO offences against vulnerable minors.
From Hospital Horror to Police Station: The Victim's Ordeal Unfolds
The nightmare began on , when the victim's maternal grandmother—her after the mother's death and father's abandonment—took the 8th-grade girl, who has autism since childhood, to Latha Hospital in Vijayawada. Doctors discovered paper pieces in her vagina amid a foul smell, prompting a transfer to Old Government General Hospital. Under intense questioning, the girl revealed the principal had groped her waist, cheeks, and chest in the school washroom on , warning her not to tell anyone or face harm to her grandparents.
registered Crime No. 96 of 2026 under and . The accused was arrested on March 12, surrendered to judicial custody, saw his first bail plea dismissed on March 18, but secured bail on April 8 via a second application—sparking this petition under for cancellation.
Petitioner's Plea: "He Preyed on Her Vulnerability" vs Accused's Defense: "No Proof, Just Delay"
The grandmother argued the trial court's Special Judge for POCSO cases acted perversely by doubting the victim's statement due to her autism, ignoring her courtroom outburst detailing the assault during the bail hearing, and overlooking family threats to withdraw the case (leading to Crime No. 151/2026 under ). No prior animosity existed between student and principal, she stressed, highlighting the abuse of authority over a specially-abled child.
The accused's counsel countered with his 46-year spotless record, pending potency test, delayed intimidation complaint (lodged same day as bail), lack of witnesses to the washroom incident, and near-complete investigation. No post-bail tampering occurred, they claimed, urging dismissal.
The state prosecutor backed the petitioner, confirming the intimidation FIR.
Why the High Court Stepped In: Gravity Trumps Routine Bail Grants
Drawing from Supreme Court precedents, Justice Pratapa dissected the trial order's flaws. In Kalyan Chandra Sarkar v. Rajesh Ranjan (2004), courts must justify revisiting rejected bail pleas with fresh grounds—absent here, just a week apart. Ram Govind Upadhyay v. Sudarshan Singh (2002) mandates weighing offence heinousness; POCSO violations against an autistic orphan demand utmost caution per Ash Mohammad v. Shiv Raj Singh (2012).
The court rejected autism-based doubt on the victim's credibility at bail stage, emphasizing POCSO's . Intimidation evidence, victim's court intervention, and no "cosmetic" changes rendered the grant ( Puran v. Rambilas , 2001; Mahipal v. Rajesh Kumar , 2020). Echoing a recent SC ruling in X v. State of Uttar Pradesh (2026), it flagged ignored chargesheet and material.
As noted in reports, the High Court criticized the trial judge for insensitive remarks on the autistic victim's mental state, doubting her testimony prematurely.
Key Observations
"Successive bail applications, particularly in serious offences cannot be entertained in a routine or mechanical manner. Successive bail applications are permissible under the changed circumstances, but the change of circumstances must be substantial one..."
"The accusation against the accused is not of a trivial nature, but of a serious sexual offence committed against a child with mental disability, attracting stringent punishment under the ."
"The learned Special Judge appears to have made observations about the mental condition of the victim which create doubt about her version even at the bail stage. Such an approach is improper..."
"If the Accused is of such character that his mere presence at large would intimidate the witnesses... then bail will be refused."( Kalyan Chandra Sarkar , cited)
Bail Revoked: Surrender or Face Arrest—Precedent for Protecting the Vulnerable
The petition succeeded:
"The order dated
... is hereby set aside and the bail granted to Respondent No.2 stands cancelled. Respondent No.2/Accused shall surrender... within three (03) days..."
This ruling fortifies safeguards in POCSO cases, especially for disabled minors, signaling courts must prioritize vulnerability, intimidation risks, and procedural rigour over hasty releases. It may deter mechanical successive bail grants, urging deeper scrutiny to shield child victims and ensure fair trials.
