THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.8351 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.37 of 2025 in Crl.M.P.No.42 of 2025 in PSC No.28 of 2025 on the file of I Additional District and Sessions Judge at Kamareddy, registered for the offences punishable under Sections 87, 64(2)(f)(m) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and Section 5 (l) (n) r/w. 6 of The Protection of Children From Sexual Offences Act, 2012 (for short ‘POCSO Act’).

2. The case of the prosecution is that the accused alleged to have committed rape and penetrative sexual assault on victim girl, who is aged about 16 years at the relevant time. The alleged incident stated to have taken place on 25.02.2025, at about 22.00 hours in Masanipalle Village of Yellareddy Mandal. Accused is being prosecuted for offences under Sections 87 and 64 (2) (f) (m) of BNS and Section 5 (l)

(n) r/w Section 6 of the POCSO Act.

3. Heard Mr.Sowmyadeep, learned counsel representing M/s.Gix Law Firm and Legal Services, 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 present crime. He further submitted that there are previous disputes between the family of the victim girl and the family of the petitioner. To dissolve the said disputes, the petitioner was falsely implicated in the present crime. Even according to the allegations made in the complaint or in the remand case diary, the ingredients under Sections 87 and 64 (2) (f) (m) of BNS and Section 5 (l) (n) r/w Section 6 of the POCSO Act, are not attracted against the petitioner. The petitioner was arrested on 10.03.2025, since then he was in judicial custody. The investigating officer after conducting investigation, filed the charge sheet on 04.05.2025 and the learned Sessions Court taken cognizance and the same was numbered as S.C.No.28 of 2025 and the matter is coming up for Trial. He further submitted that petitioner is eking out his livelihood by doing tractor driver and his entire family is depending upon his income. Petitioner is the only bread winner to his family and he is ready and willing to co-operate with the disposal of the case, pending before the Court below and abide by the conditions which are going to be imposed by this court.

5. Per contra, learned Additional Public Prosecutor has submitted that the petitioner has committed the grave offence. He further submitted that the investigating officer already filed charge sheet and the same was numbered as S.C.No.28 of 2025 and the trial schedule was already fixed. At this stage 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 there are specific allegations are levelled against the petitioner to attract the ingredients of Section 5 (l) (n) r/w Section 6 of the POCSO Act. The record further reveals that the investigating officer after conducting the investigation, filed the charge sheet on 04.05.2025 and the learned Sessions Court has taken cognizance and the same was numbered as S.C.No.28 of 2025. The record further reveals that the matter is coming up for trial schedule. It is also relevant to place on record that the Hon’ble Apex Court in X v. State of Rajasthan and another, SLP (Criminal) No.13378 of 2024, specifically held that once the trial commences and the prosecution starts examining its witnesses, the Court be it the Trial Court or the High Court should be loath in entertaining the bail application of the accused. In the case on hand, there are serious allegations against the petitioner to attract the provisions of POCSO Act. Even according to the learned Additional Public P