The Hon’ble Sri Justice J.Sreenivas Rao Criminal Petition No.4239 of 2025

Order

:

This Criminal Petition is filed by the petitioner/accused under Sections 480 and 483 of Bharatiya Nagrik Suraksha Sanhita (BNSS) seeking regular bail in S.C.No.35 of 2025 on the file of Special Judge for Trial Cases under POCSO –cum- XII Additional Sessions Judge, Hyderabad at Nampally (for short ‘the court below’), which has been numbered in connection with Crime No.264 of 2024, registered for the offences punishable under Section 65(2) of Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 5 r/w Section 6 of Protection of Children from Sexual Offences Act (POCSO Act).

2. The case of the prosecution is that on 13.12.2024 at about 00:45 hours, the complainant lodged a complaint stating that on 11.12.2024 night at about 20:00 hours, his daughter approached his wife and stated that she along with four other friends went to play at BHEL colony park in the evening at about 19:00 hours and the petitioner took her aside, removed her clothes and misbehaved sexually. Basing on the said complaint, the aforesaid crime was registered against the petitioner/accused.

3. Heard Mr. Gurram Sridhar, 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 has been falsely implicated in the aforesaid crime and the ingredients of Section 65(2) of BNS and Section 5 r/w Section 6 of POCSO Act are not applicable to the present case. He further submits that the petitioner migrated from Kolkata, West Bengal, and is doing gardening work and eking out his livelihood and he was arrested on 14.12.2024 and the investigating officer, concluded the investigation and filed charge sheet and the same was numbered as S.C.No.35 of 2025. He, therefore, prays to grant bail to the petitioner as he has health problems and he is ready and willing to prosecute the case before the court below and appear on each and every date of adjournment and abide by the conditions that may be imposed by this Court.

5. Per contra, learned Additional Public Prosecutor submits that the petitioner/accused has committed grave offence and the victim is aged seven-year-old minor girl and the ingredients of Section 65(2) of BNS and Section 5 r/w Section 6 of POCSO Act are applicable to the present case and therefore, the petitioner is not entitled for grant of bail.

6. Having considered the rival submissions and on perusal of the material available on record, it reveals that there are serious allegations levelled against the petitioner/accused to attract the ingredients of Section 65(2) of BNS and Section 5 r/w Section 6 of POCSO Act. Though the chargesheet has been filed and the same has been numbered as S.C.No.35 of 2025 and the said case is coming up for framing of charges, in view of the gravity of offence and the victim being seven- year-old minor girl, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the Criminal Petition is dismissed.

As a sequel, miscellaneous petitions, pending if any, stand closed.

___________________ J.SREENIVAS RAO, J Date: 02.04.2025

LUR