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2026 Supreme(Online)(Tel) 13274

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD


THE HONOURABLE SMT. JUSTICE K. SUJANA


CRIMINAL PETITION No.4690 of 2026


DATE: 15.04.2026


BETWEEN:

Vijaya Bhasker Gandhari

…..petitioner/accused

And

The State of Telangana, Rep. by its Public Prosecutor,

High Court for the State of Telangana at Hyderabad.

…..Respondent/complainant

ORDER

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of pre-arrest bail to the petitioner, who is arrayed as accused in Crime No.67 of 2026 before the Jangoan Police Station, Warangal District, registered for the offences punishable under Section 9(o) read with 10 of POCSO Act, 2012.

2. The brief facts of the case are that the case arises out of FIR No. 67 of 2026 registered on the complaint of the mother of a minor girl, alleging that about one week prior to 21.03.2026, at ZPHS School, Kondapur Village, the petitioner, who is working as in-charge Headmaster, allegedly touched the victim’s shoulder and private parts. The complaint was lodged with a delay, which is stated to be due to discussions with family members and village elders.

3. Heard Sri Alluri Divakar Reddy, learned counsel appearing on behalf of the petitioner as well as Sri M. Ramachander Reddy, learned Additional Public Prosecutor appearing on behalf of the respondent – State.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated on vague and omnibus allegations without any specific date or time of the alleged incident. He further submitted that the ingredients of the alleged offences are not made out and there is no material connecting the petitioner with the crime. The petitioner has no criminal antecedents, is a law-abiding citizen, and is willing to cooperate with the investigation. Therefore, he prayed the Court to grant pre-arrest bail to the petitioner by allowing this Criminal Petition.

5. On the other hand, learned Additional Public Prosecutor opposes the grant of anticipatory bail contending that the allegations are serious in nature involving a minor girl and disclose a prima facie case against the petitioner. He further submitted that the delay in lodging the complaint has been properly explained, and the investigation is at a crucial stage. Further, the investigation was not yet completed. Therefore, at this stage, granting of pre-arrest bail to the petitioner does not arise. Hence, he prayed the Court to dismiss the criminal petition.

6. In the light of the submissions made by both the learned counsel and upon perusal of the material available on record, it is evident that the main allegation against the petitioner is that he, being the in-charge Headmaster of the school, allegedly misbehaved with the minor victim by touching her shoulder and private parts. The allegations are grave in nature, involving sexual assault on a child, and prima facie attract the provisions of the POCSO Act. Further, the petitioner is in an influential position as Headmaster, and there exists a reasonable apprehension that if pre-arrest bail is granted at this stage, he may influence the victim or other witnesses and hamper the investigation. The delay in lodging the complaint has been explained by the complainant, and the investigation is still at a nascent stage. Considering the seriousness of the allegations and the statement of the victim, this Court is of the opinion that this is not a fit case for grant of pre-arrest bail and the same is liable to be dismissed.

7. Accordingly, this Criminal Petition is dismissed.

Miscellaneous applications, if any pending, shall stand closed.

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