HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 16007 of 2025 DATE: 10.03.2026 Between :

Bandari Sampath ....Petitioner/Accused AND The State of Telangana, Represented by Public Prosecutor, Hon’ble High Court for the Stage of Telangana, Hyderabad, and another ....Respondents : O R D E R :

This Criminal Petition has been filed aggrieved by the order passed by the learned Special Sessions Judge for Trial of Cases under the Protection of Children from Sexual Offences Act (I-Additional Sessions Judge), Hanumakonda (for short, ‘the learned Sessions Judge’) in Crl.M.P.No.708 of 2025 in Sessions Case (POCSO) No.25 of 2024 dated 28.11.2025, whereunder the application filed by the petitioner seeking for recall of PWs.1, 2 and 11 for the purpose of further cross-examination was dismissed.

2. Brief facts of the case :

2.1. On 21.03.2024, respondent No.2/de facto complainant lodged a complaint before KUC Police Station stating that due to matrimonial disputes with her first husband, she was residing at her parental house at Beemaram, Hanumakonda, during the year 2018, the petitioner, who was then working at Wardhannapet, came into contact with her and developed acquaintance with her. Taking advantage of her vulnerable situation, the petitioner allegedly promised to marry her and thereafter married her. Since then, they were living together at Beemaram, Hanumakonda. During November 2023, her daughter sustained a fracture to her leg after falling from the staircase and remained bedridden. Taking advantage of the situation, the petitioner allegedly misbehaved with her daughter on different occasions by touching her inappropriately and making indecent advances. When the minor resisted and threatened to inform her grandparents, the petitioner allegedly threatened her with dire consequences. Basing on the complaint lodged by her, a case was registered at KUC Police Station vide Crime No.158 of 2024 for the offences punishable under Sections 376(1), 323 and 506 of IPC and Section 3 read with 4 of the POCSO Act. The petitioner, who was then working as Inspector of Police, Cyber Cell, Jayashanker Bhupalpally District, was arrested on 21.03.2024 and produced before the Court and was remanded to judicial custody. After completion of investigation, the police filed charge sheet on 15.05.2024 and the case was taken on file as S.C. No.25 of 2024 on the file of the Court of the Special Sessions Judge for trial of cases under the Protection of Children from Sexual Offences Act (I Additional Sessions Judge), Hanumakonda.

2.2. During the course of trial, prosecution witnesses were examined. In order to effectively cross-examine certain material witnesses and to bring out relevant facts necessary for just adjudication of the case, the petitioner filed a petition under Section 311 Cr.P.C. in Cr.M.P. No.708 of 2025 in S.C. No.25 of 2024 seeking recall of P.Ws.1, 2 and 11 for further cross-examination. However, the learned Special Sessions Judge for trial of cases under POCSO Act-cum-I Additional Sessions Judge, Hanumakonda, by order in Crl.M.P. No.708 of 2025, dismissed the said petition. Being aggrieved by the said order passed by the learned trial Court, the petitioner has filed the present criminal petition.

3. Heard Mr. V. Raghunath, learned Senior Counsel representing Mr. N. Murali, learned counsel for the petitioner, Mr. P. Sravan Kumar, learned counsel for respondent No.2 and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for respondent No.1 State.

4. Submissions of learned counsel for the petitioner :

4.1. Learned Senior Counsel for the petitioner submitted that the cross-examination of PWs.1, 2 and 11 were concluded, when the petitioner was in judicial custody. Due to the same, the petitioner has not interacted with his previous counsel and he could not disclose full information to the previous counsel, thereby important questions were not put to PWs.1, 2 and