ORDER:

The Court made the following:

1. The instant petition under Section 483(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023¹for short ‘BNSS’ has been filed by the Petitioner/de facto complainant seeking cancellation of the bail granted to the Respondent No.2/Accused, vide order dated 08.04.2026 in Crl.M.P.No.307 of 2026 by the learned Special Judge for Speedy trial of offences under Protection of Children from Sexual Offices Act²for short ‘POCSO Act’, Vijayawada in connection with Crime No.96 of 2026 of Bhavanipuram Police Station, for the offences under Sections 75(1), 64, 64(2)(f) of the Bharatiya Nyaya Sanhita, 2023³for short ‘BNS’ and Sections 6 and 8 of POCSO Act.

2. The case of the prosecution, in brief, is that the de facto complainant is the grandmother of the victim girl, aged about 16 years, who has been suffering from autism since childhood. The mother of the victim girl passed away about ten years ago and the victim is studying 8th Class. As the victim girl was feeling weak, on 03.03.2026, the de facto complainant, along with her relative, Nuthulapati Kavya, took the victim to Latha Hospital at Swathi Centre, where during examination, the doctor questioned the victim as to why pieces of paper were found inside her vagina. The victim replied that she herself had inserted them so that her menstruation would not start. Since there was a severe foul smell emanating from her, the doctor advised them to shift the victim to Old Government General Hospital, Vijayawada. Accordingly, the victim was taken to Old GGH, Vijayawada, on 05.03.2026 and admitted there for treatment. When the de facto complainant firmly questioned the victim regarding the actual incident, the victim broke down in tears and stated that the Accused, who is the Principal of the School, had called her and behaved indecently with her by holding her waist and touching her cheeks and chest with his hands. The victim further stated that the Accused warned her not to disclose the incident to anyone and threatened that, if she does so, he would cause harm to her grandparents. According to the victim, the accused behaved with her in the aforesaid indecent manner at the school on 25.02.2026. Based on the said complaint, Crime No.96 of 2026 was registered on the file of Bhavanipuram Police Station for the said offences.

3. Heard Ms.K. Aishwarya Chowdary, learned counsel or the Petitioner / De facto complainant, Sri Kilaru Nithin Krishna, learned counsel for Respondent No.2/Accused and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for Respondent No.1 / State.

4. Learned counsel for the Petitioner submits that the victim girl in the present matter, aged about 16 years, has been suffering from Autism and is presently pursuing 8th class. Learned counsel further contends that, since the mother of the victim is deceased and her father abandoned her, she is presently under the care and custody of the Petitioner herein, who is her maternal grandmother. It is further submitted that the Police arrested Respondent No.2/Accused and remanded him to judicial custody on 12.03.2026. Thereafter, the Accused filed a bail application before the trial Court, which was dismissed on 18.03.2026. Immediately within a week thereafter, i.e., on 26.03.2026, the Accused filed another application seeking bail, and the same was allowed by the learned Special Judge on 08.04.2026, despite there being no change in circumstances.

5. Learned counsel for the Petitioner further argued that the Court below ignored the statement of the victim recorded by the lady Sub-Inspector, which clearly reflects the gravity and heinous nature of the offences allegedly committed by Respondent No.2/Accused by taking advantage of the mental condition of the victim, and nevertheless granted bail. It is further submitted that the observations made by the learned Special Judge while granting bail are irrational and biased. It is submitted that the victim was present in the Court hall at the time of h