THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.11314 OF 2025

ORDER :

This criminal petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner/Accused seeking bail in the event of his arrest in connection with FIR No.197 of 2025 of Bijinapally Police Station, Nagarkurnool District. The offences alleged against the petitioner are under Sections 96 and 64(1) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and under section 3 and 4 of Protection of Children from Sexual Offences (POCSO) Act, 2012.

2. The case of the prosecution is that on 21.08.2025 at about 07:00 AM, the complainant, Chetamoni Gangamma, gave report stating that her daughter, Chetamoni Lokeshwari, aged 17 years had completed her Intermediate disclosed a distressing incident that during the Sankranthi holidays, while she was alone at home, Kotla Mahesh the petitioner herein visited their village to see his grandmother. Upon noticing the complainant and her son’s absence, petitioner approached her daughter, expressed false love and gave her his mobile number. Lokeshwari later contacted him using another number. On

07.08.2025, petitioner called her daughter invited her to his residence in Gudlanarva village and falsely claimed that they were marrying and coerced her into physical intercourse despite her refusal, fully aware that she was a minor. The complainant and her daughter subsequently approached the police and requested for necessary action against the accused. Basing on the said complaint, the police registered the case against the accused.

3. Heard Sri Mogili Anaveni, learned counsel for the petitioner and Sri D.Arun Kumar, learned Additional Public Prosecutor appearing for the respondent-State.

4. The contention of learned counsel for the petitioner is that petitioner is innocent of the said allegations. In fact the victim and petitioner were in love and they are close relatives, marriage talks also took place wherein, the complainant demanded to register Ac.1.00 of land in favour of victim for which the petitioner’s family agreed and later she further demanded Ac.2.00 of land to be registered in the name of victim for which the petitioner’s family denied. As such, the complainant lodged a false case against the petitioner. In fact, the complainant’s family tried to kill the petitioner by forcibly pouring some pesticide in his mouth and immediately he was taken to hospital and after a week of critical condition he was discharged on 28.08.2025 and that the health condition of petitioner is not good. Learned counsel further contended that the victim is major and not minor. In support of his contention he filed the bonafide certificate of the victim. As such, requested this Court to grant bail to the petitioner.

5. On the other hand, learned Additional Public Prosecutor opposed bail stating that the victim is not major and according to her SSC certificate she is minor on the date of incident. He filed certified copy of the SSC certificate and further submitted that the offence alleged against the petitioner is severe in nature. As such, requested this Court to dismiss this petition.

6. Considering the submissions made by the respective counsel and the material placed on record, though petitioner contended that the victim is major on the date of incident, the SSC certificate filed by the Additional Public Prosecutor shows that she is a minor on the date of offence. As such considering the severity of allegations, petitioner is not entitled for bail. However, the petitioner is directed to surrender before the trial Court and file regular bail application. On filing of such application, the trial Court is directed to consider the same and pass orders in accordance with law.

7. With the above directions, the Criminal Petition is disposed of.

Miscellaneous petitions, if any, pending shall stand closed.

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K. SUJANA, J Date :26.09.2025

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