HIGH COURT OF ANDHRA PRADESH
VENKATA JYOTHIRMAI PRATAPA, J
SHAIK AYAAZ, S/O LATE KHAJA GAREEB – Appellant
Versus
The STATE, SUB INSPECTOR OF POLICE, MEDIKONDURU P.S – Respondent
CRIMINAL PETITION NO: 5756/2025
| Table of Content |
|---|
| 1. summary of case and initial allegations. (Para 1) |
| 2. details of alleged offences against the accused. (Para 2) |
| 3. court's discussion on status of investigation and the victim's examination. (Para 3) |
| 4. submissions by counsel and decision on bail. (Para 4 , 5 , 6 , 7) |
ORDER
This Criminal Petition under Sections 480 and 483 of Bharatiyana Nagarik Suraksha Sanhita , 2023 (for short ‘BNSS.’), has been filed by the Petitioners/Accused Nos.1 to 3, seeking regular bail in connection with Crime No.78 of 2025 of Medikonduru Police Station, Guntur District, registered for the offences punishable under Sections 78(2), 87, 308(2), 351(2) of Barathiya Nyaya Sanhita , 2023 (for short ‘BNS’) and Section 12 of Protection of Children from Sexual Offences Act , 2012 (for short ‘POCSO Act’).
2. Case of the prosecution, in brief, is that, Accused No.1 used to fall behind the victim under the guise of love. While so, on 26.04.2025, Accused No.1 threatened the victim that he would commit suicide by writing her name in the suicide note, if she does not marry him. Subsequently on 27.04.2015 at about 3.00 a.m., Accused No.1 entered into the house of the victim girl and threatened her that he would die if she does not come with him and he also had forcibly taken her with him along with the jewellery and money which were placed in an iron safe in her house and he also threatened to kill her and made her to state in the video as stated by him.
3. Heard Sri G.Sri Harsha, learned counsel for the Petitioners/Accused Nos.1 to 3 and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing the Respondent/State.
4. Learned counsel for the Petitioners would submit that, it is alleged against Accused No.1 that he wanted to elope with the victim, who is a minor. Learned counsel would further submit that, initially the names of Accused Nos.2 to 4 were not there and subsequently, in the remand report, the case is developed against Accused Nos.2 to 4 also. It is submitted that the victim girl was about to get her majority in few days. Learned counsel would submit that the Petitioners have been in judicial custody since 03.05.2025 and by this time most of the investigation might have completed. Petitioners are ready to furnish sufficient sureties to the satisfaction of the Court. Hence, prays to allow the petition.
5. Leaned Assistant Public Prosecutor would submit that, investigation has not been completed. Thought the victim was sent for medical examination, she refused for the same. It is submitted that the matter is pending for recording the statement of the victim under Section 164 Cr.P.C.(Sec.183 of BNSS).
6. Considering the submissions made, since the Petitioners have been in judicial custody for the last 50 days and material part of the investigation is also completed, the question of influencing the witnesses and tampering with the evidence, does not arise. Hence, it is desirable to grant bail to the Petitioners, however, by imposing some conditions.
7. In the result, the Criminal Petition is allowed with the following conditions:
i. Petitioners/Accused Nos.1 to 3 shall be released on bail on their executing personal bond for Rs.20,000/- (Rupees twenty thousands only) each with two sureties for a like sum each to the satisfaction of the trial Court.
ii. On release, the Petitioner/Accused No.1 shall appear before the Station House Officer concerned, once in a week i.e., on Sunday between 10.00 a.m. and 05.00 p.m till filing of charge sheet.
iii. The Petitioners are directed not to hamper the investigation and tamper with the prosecution witnesses.
iv. It is made clear that the Petitioners shall scrupulously comply with the above conditions and breach of any of the above conditions will be viewed seriously and prosecution is at liberty to move an application for cancellation of the bail.
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