Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to release the petitioner/Accused on bail in SC.SPL.22/2026 on the file of Court for Special Judge for speedy trial of offences under protection of children from sexual offences Act, Vijayawada, Krishna District and pass

The Court made the following:

ORDER:

This Criminal Petition, under Sections 480 and 483 of the Bharatiya Narik Suraksha Sanhita, 2023, has been filed by the petitioner/Accused, seeking regular bail, in SC.SPL.No.22 of 2026 on the file of learned Special Judge for Protection of Children from Sexual Offences Act, Vijayawada.

Heard the submissions of Sri B.V.S. Nagaraj, learned counsel for the petitioner/accused, and Mrs. K. Priyanka Lakshmi, learned Assistant Public Prosecutor appearing for the respondent/State. Perused the material available on record.

The case of the prosecution, in brief, is that the victim girl, a minor studying 7th class, lost her parents in an accident about six years ago and since she has been residing with her aunt and the petitioner/accused, who is her uncle. On 29.09.2025, when the victim was taken to a hospital due to weakness, on medical examination revealed that she was approximately four months pregnant. Upon enquiry, the victim disclosed that the accused had subjected her to sexual assault on two occasions—once prior to the Ugadi festival in 2025 and again in the month of May 2025. It is further alleged that the accused threatened the victim not to disclose the incidents to anyone. Based on the said complaint, a case was registered in Crime No. 404 of 2025 of Nunna Police Station.

Learned counsel for the petitioner/accused submits that the petitioner is innocent and has been falsely implicated due to family and financial disputes between him, his wife, and the relatives of the victim. It is contended that the petitioner has been taking care of the victim since the death of her parents and has never indulged in any illegal act. It is further submitted that all material witnesses have already been examined, the petitioner has no criminal antecedents, and he is the sole breadwinner of his family. Hence, it is prayed that the petitioner may be enlarged on bail.

Per contra, the learned Assistant Public Prosecutor opposed the bail application, contending that the allegations against the petitioner are grave and heinous in nature, involving repeated sexual assault on a minor girl, resulting in pregnancy. It is further submitted that if the petitioner is released on bail, there is every likelihood of him influencing or threatening the victim.

Considering the submissions and perused the material available on record placed before this Court, it is not in dispute that the investigation in this case has been completed and a charge-sheet has been filed on 05.01.2026. However, the nature of allegations against the petitioner is extremely serious. The victim is a minor girl, and the allegations disclose repeated sexual assault by a person in a position of trust and authority. The medical evidence indicating pregnancy of the minor prima facie lends support to the prosecution case. Further, the relationship between the accused and the victim, coupled with the absence of the victim’s parents, places the victim in a particularly vulnerable position. In such circumstances, the possibility of the accused influencing or intimidating the victim cannot be ruled out if he is released on bail.

While the completion of investigation and filing of charge-sheet are relevant considerations, they do not entitle the petitioner to release on bail in cases involving grave offences, particularly under the Protection of Children from Sexual Offences Act. This Court is of the considered opinion that this is not a fit case to grant bail to the petitioner/accused.

In the result, this