THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.7359 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 S.C.Spl.No.264 of 2025 on the file of the learned Trial and Disposal of POCSO Act Cases, Rang Reddy District at L.B.Nagar in Crime No.505 of 2023 on the file of the P.S. Balapur, Rachakonda, registered for the offences punishable under Sections 376(2)(n) and 312 of the Indian Penal Code, 1860 (for short ‘IPC’) and Section 5 r/w 6 and 21 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’).

2. The case of prosecution in brief is that on 16.11.2023, the grandmother of the victim girl lodged a complainant against the accused stating that her daughter, who remarried the accused in 2020 after her first husband's death in 2018, had a daughter, i.e. victim girl from her first marriage who had been staying with grandmother and attending Madarsa. On 15.11.2023, victim girl left for Madarsa at 9 a.m. but did not return. Upon inquiry, victim girl alleged that the accused, her stepfather, took her in his auto near ACC Cement godown, Pahadishareef to his house in Green City Colony, Balapur, and sexually assaulted her multiple times. Basing on the same, the present crime was registered.

3. Heard Mr.P.N.Dayakar, learned counsel for the petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor 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. He further submitted that there are family and property disputes between the petitioner and grandmother of the victim girl and to dissolve the said disputes, she lodged a complaint against the petitioner with an intention to harass him. He further submitted that the petitioner was arrested on 25.02.2025 and since more than 89 days he is in judicial custody and the investigation officer after conducting investigation filed charge sheet and the same was numbered as S.C.Spl.No.264 of 2025 on the file of the learned Trial and Disposal of POCSO Act Cases, Ranga Reddy District at L.B.Nagar. He further submitted that the petitioner is eking out his livelihood by working as car driver and his entire family is depending upon his income only. He further submitted that the petitioner is not having any other criminal antecedents and he will appear before the concerned Court in S.C.Spl.No.264 of 2025 as and when required and shall abide by the conditions, which are going to be imposed by this Court. Hence, prayed for grant of bail. Hence, prayed for grant of bail.

Per contra

5. , learned Additional Public Prosecutor submitted that the petitioner has committed grave offences and there are specific allegations against the petitioner that he committed rape against the victim girl, who is none other than his daughter and if the petitioner is granted bail, he may tamper with the evidence and may threaten the witnesses, and hence, prayed to dismiss the petition.

6. 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 allegations against the petitioner to attract sections 376(2)(n) and 312 of IPC and Section 5 r/w 6 and 21 of the POCSO Act. The record further reveals that the petitioner, who is the stepfather of the victim minor girl, committed rape on her. The investigation officer after conducting investigation filed charge sheet on 15.04.2025, on the file of the learned Trial and Disposal of POCSO Act Cases, Ranga Reddy District at L.B.Nagar and the same was numbered as S.C.Spl.No.264 of 2025. On perusal of the charge sheet reveals that the investigation officer recorded the statements of the witnesses, who have also stated about the offence committed by the petitioner against the victim girl.

7. Taking in