THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.6426 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.26 of 2025 on the file of the P.S. Banswada, Kamareddy District, registered for the offences punishable under Sections 65(2) of the Bharatiya Nyaya Sanhitha, 2023 (for short ‘BNS’) and Sections 5(m)(n) r/w 6 and 12 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’).

2. The case of prosecution in brief is that on 23.01.2025, the de-facto complainant lodged a complaint stating that one of her student i.e., the victim was sexually assaulted by the petitioner, who is none other than the father of the victim. Basing on the same, a case was registered in Crime No.26 of 2025.

3. Heard Mr.M.Bhushan Reddy, 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 is innocent person and he was falsely implicated in the above crime. He further submitted that the petitioner has two wives and there are disputes between them. At the instance of the second wife, the de- facto complainant lodged a complaint to harass the petitioner, though he has not committed the offence. He further submitted that the petitioner was arrested on 25.01.2025 and since then he is in judicial custody. He further submitted that the entire investigation is completed, except filing of charge sheet and the petitioner 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. Per contra, learned Additional Public Prosecutor submitted that the petitioner has committed grave offences and the victim girl is none other than the daughter of the petitioner and there are serious allegations levelled against the petitioner and the investigation is under progress and if the petitioner is granted bail at this stage, 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 serious allegations levelled against the petitioner and the victim girl, who is aged about 13 years old, is none other than the petitioner’s daughter. Even according to the learned Additional Public Prosecutor, investigation is under progress.

7. Taking into consideration the facts and circumstances of the case as well as the gravity of the offence, this Court is not inclined to grant bail to the petitioner, at this stage, especially when the investigation is under progress.

8. Accordingly, this Criminal Petition is dismissed.

Miscellaneous applications, pending if any, shall stand closed.

___________________________ JUSTICE J.SREENIVAS RAO Date: 12.06.2025 vsl