THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.9515 of 2025

ORDER:

This Criminal Petition is filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘BNSS’) seeking bail to the petitioner/accused in Crime No.438 of 2025 on the file of the P.S. Banjara Hills, Hyderabad, registered for the offences punishable under Sections 87, 64(1) of the Bharatiya Nyaya Sanhitha, 2023 (for short ‘BNS’) and section 3 r/w. 4 Protection of Child from Sexual Offences ( for short ‘POCSO’)

Act, 2012.

2. The case of the prosecution in brief is that, victim girl used to reside in the house of her aunt at Dhoodh Khana Basthi, Road No.7 Banjara Hills and the accused lived in a nearby colony. The accused was known to the aunt of victim girl. In the month of March the victim girl gave her broken phone to her male friend for repair, on seeing this, the accused to scare her, threatened to tell her aunt about it and took her to Vengalrao Park and in the restroom the accused had forcefully sexual intercourse with her. Again on 19.05.2025, the accused on the pretext of taking daughter of aunt of victim girl from her friend's house took the victim girl to his house and closed the door of his room and removed his cloths and clothes of victim girl and threw her into bed and had forcefully sexual intercourse.

3. Heard Ms.Mudumba laxmi, learned counsel for the petitioner, and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent-State.

4. Learned counsel for the petitioner submitted that the petitioner has not committed the offence and he was falsely implicated in the above crime. She further submitted that Petitioner and the victim are known to each other and even according to the allegations made in the complaint, the ingredients under Sections 87, 64(1) of BNS are not attracted against the petitioner. She further submitted that petitioner was arrested on 21.05.2025 and since more than 77 days he was in judicial custody and the entire investigation is completed, except filing of charge sheet. She further submitted that the petitioner is not having any other criminal antecedents and he is not having any other criminal antecedents and he is ready and willing to cooperate with the investigation and also ready to abide by the conditions, which are going to be imposed by this Court and hence, prayed for grant of bail.

5. Learned counsel for the petitioner further submitted that at the time of the alleged offence, the age of the victim girl is 17 years. The victim is verge of attaining majority at the time of the incident, applying the margin error principle of two years. The upper age limit estimated would be 19 years. Taking into consideration, the incarceration period, the petitioner is entitled for grant of bail. In support of his contention, he relied upon the order passed by the High Court of Chhattisgarh, Bilaspur in

1 Sandeep Kumar v. State of Chhattisgarh .

6. Per contra, learned Additional Public Prosecutor submitted that the petitioner has committed grave offence and there are serious allegations levelled against the petitioner and the investigation is under progress. At the time of commission of offence, the age of the victim girl is 17 years and the order is not applicable to the facts and circumstances of the case on the ground

1 MCRC No.4625 of 2023, dt. 14.09.2023

that as on the date of the offence, the age of the victim girl is 17 years 10 months 5 days.

7. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that there are specific and serious allegations against the petitioner that he took the victim girl to his residence and after entering his home, he immediately removed his clothes and forcefully removed hers. He then threw her onto a nearby bed, and she pleaded with him not to harm her. Despite her resistance, he touched her private parts forcefully. Subsequently, he engaged in sexual int