THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.6377 of 2025

ORDER:

This Criminal Petition is filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) by the petitioner/accused seeking bail in Crime No.21 of 2025 of Jainoor Police Station, Kumrambheem Asifabad District, registered for the offences punishable under Section 64 read with Section 62 and 137(2) of Bharatiya Nyaya Sanhita, 2023 (for short BNS) and Section 8 of the Protection of Children from Sexual Offences Act, 2012 (for short POCSO Act).

2. The case of prosecution in brief is that on 14.02.2025 at 1600 hours, the complainant lodged a complaint, wherein it is stated that while he was out of station, on 13.02.2025 his wife contacted him over phone and informed that while the victim was playing outside, at about 6:00 p.m., their neighbor, Makkala Tirupathi took her to his house saying that he would give her money and closed the doors and laid the victim down on a mat. When the victim started crying, the said Tirupathi opened the doors and sent her out of his house. Basing on the said complaint, the present crime was registered.

3. Heard Mr. Gajanand Chakravarthy, 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 present crime. He further submits that the petitioner was roped into the present crime only to gain wrongful means though he has not committed the offence. The petitioner was arrested on 14.02.2025 and since then he is in judicial custody. The entire investigation is completed except filing of the charge sheet. The petitioner is ready and willing to cooperate with the investigation and also abide by the conditions, which are going to be imposed by this Court.

5. Per contra, learned Additional Public Prosecutor submitted that the petitioner has committed a grave offence and the victim is a minor girl and that the investigation is under progress. At this stage, if the petitioner is enlarged on bail, he will interfere with the investigation and also influence the witnesses.

Therefore, the petitioner is not entitled for grant of bail.

6. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that specific allegations are leveled against the petitioner to attract the ingredients of Section 64 of BNS and Section 8 of the POCSO Act. The age of the victim is six years. According to the learned Additional Public Prosecutor, the investigation is under progress and charge sheet has not been filed.

7. Taking into consideration the facts and circumstances of the case and also 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, the criminal petition is dismissed.

Miscellaneous applications, pending if any, shall stand closed.

________________________ J.SREENIVAS RAO, J Date: 07.05.2025 Sa/ES THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.6377 of 2025

07.05.2025 sa