IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENKATA JYOTHIRMAI PRATAPA
Vemula Satish Kumar, S/o. Vemula Durga Rao – Appellant
Versus
State Of Andhra Pradesh, Rep By Its Public Prosecutor, Highcourt Of Andhra Pradesh – Respondent
What is the question of regular bail eligibility under Sections 480 and 483 BNSS in a case involving alleged consensual marriage and kidnapping of a minor? What is the scope of conditions imposed on the grant of regular bail for the accused in Crimes No.25 of 2026, including monitoring and non-interference with witnesses?
Key Points: - The court considers regular bail for the petitioner/accused in Crime No.25 of 2026 under BNSS Sections 480 and 483, along with POCSO Act and PCMA (!) . - The court notes the age of the victim (about 17 years) and the contention that the relationship was consensual and resulted in elopement/marriage; thus, the court is inclined to grant regular bail with conditions (!) (!) . - Bail conditions include: personal bond of Rs 20,000 with two sureties of Rs 20,000 each, weekly appearance before the SHO, cooperation with investigation, non-contact with the victim, non-tampering with evidence, and providing/change of address details to the IO (!) (!) (!) (!) (!) (!) . - Violation of conditions permits cancellation of bail; observations are limited to bail proceedings and not merits of the crime (!) (!) . - The petition is allowed; miscellaneous applications, if any, are closed (!) (!) .
ORDER :
VENKATA JYOTHIRMAI PRATAPA, J.
This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the Petitioner herein/Accused, seeking regular bail, in Crime No.25 of 2026 dated 16/01/2026 of Ajith Singh Nagar Police Station, Vijayawada, registered for the offences punishable under Section 137(2), 65(1) of Bharatiya Nyaya Sanhitha, 2023 (for brevity “BNS”), Section 4 of Protection of Children from Sexual Offences Act, 2012 (for short “POCSO Act”) and Section 9 of Prohibition of Child Marriage Act, 2006 (for short “PCMA”).
2. Heard Sri Abdus Saleem, learned counsel for the petitioner/accused and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. Learned Assistant Public Prosecutor would submit that notice was served on the defacto complainant through police.
3. The case of the prosecution, in brief, is that, the accused developed acquaintance with the victim minor girl, aged about 17 years and on 15.01.2026 at 14-00 hours, accused kidnapped the victim girl on his bike from her work place and took her to empty plot situated behind an iron shed near the embankment at the end of Rajiv Nagar, Vaddera colony and had physical contact w
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