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2026 Supreme(Online)(Tel) 20891

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. Sujana, J
Bandi Sai Bageerath – Appellant
Versus
State of Telangana – Respondent
CRIMINAL PETITION No.9986 of 2026



Important Points

Bail may be granted in grave offences involving minors if the investigation is substantially complete and the risk of witness tampering can be mitigated through the imposition of stringent, specific conditions to protect the victim and the integrity of the trial.

Subject

Criminal - Bail

Act Referred

Bharatiya Nyaya Sanhita: S.64(2)(m), S.74, S.75
POCSO Act, 2012: S.5(l), S.6
Bharatiya Nagarik Suraksha Sanhita: S.183, S.480(3)
Code of Criminal Procedure: S.437(3)

Headnote

The petitioner was arrayed as an accused for offences under Sections 64(2)(m), 74, and 75 of the Bharatiya Nyaya Sanhita (BNS) and Section 5(l) read with Section 6 of the POCSO Act, 2012, following allegations of sexual assault and defamation of a minor. The court examined whether the petitioner's continued incarceration was necessary given that the investigation was nearly complete, except for the filing of the charge sheet, and that the petitioner had previously complied with interim bail conditions. The primary issue was whether the risk of witness tampering or influencing the victim outweighed the petitioner's right to personal liberty. The court reasoned that while the allegations are grave, the balance between personal liberty and the administration of justice can be maintained by imposing stringent conditions to prevent the accused from contacting the victim or witnesses, noting that the Forensic Science Laboratory report and statements under Section 183 of the BNSS were already available. Accordingly, the Criminal Petition is allowed.

Advocates:
For the Appellants/Petitioners: T. Niranjan Reddy, C. Sharan Reddy
For the Respondents: Palle Nageshwar Rao, Pappu Nageshwar Rao, V. Mythili

Table of Content
1. allegations of sexual assault and defamation against a minor under bns and pocso act. (Para 1 , 2)
2. competing arguments regarding the stage of investigation and risk of witness tampering. (Para 3 , 4 , 5 , 6)
3. balancing personal liberty with the necessity of a fair investigation. (Para 7 , 8 , 9)
4. grant of bail subject to stringent conditions to prevent witness interference. (Para 10 , 11)

ORDER

This Criminal Petition is filed praying this Court to enlarge the petitioner on bail who is arrayed as accused in Crime No.684 of 2026 before the Petbasheerabad Police Station, Medchal-Malkajgiri District, registered for the offence punishable under Sections 64(2)(m), 74, 75 of BNS, and Section 5(l) r/w 6 of POCSO Act, 2012 .

2. The brief facts of the case are that the mother of the victim girl lodged a complaint on 08.05.2026 stating that her minor daughter, aged 17 years, was befriended by the petitioner in June, 2025 through mutual friends and social media platforms. It is alleged that the petitioner developed a relationship with the victim on a false promise of marriage, controlled her movements, and subjected her to repeated sexual assault on different occasions. It is further alleged that incidents took place in the apartment basement, at Golf View Apartments, Nanakramguda, at Lux Charan Farm Stay, Moinabad, and at Ananya Farms, Moinabad during the night of 31.12.2025 and 01.01.2026. It is also alleged that the petitioner pressured the victim to consume alcohol and thereafter subjected her to further sexual assault, and that he later circulated private pictures of the victim and defamed her in the social circle.

3. Heard Sri T. Niranjan Reddy, learned Senior counsel appearing for Sri C. Sharan Reddy, learned counsel for petitioner, Sri Palle Nageshwar Rao, learned Public Prosecutor, appearing for respondent No.1 – State, and Sri Pappu Nageshwar Rao, learned Senior counsel appearing for Smt. V. Mythili, learned counsel for respondent No.2/de facto complainant.

4. Learned counsel for the petitioner submitted that the petitioner is innocent, that he has been falsely implicated, and that the complaint is belated. He submitted that the petitioner has been in judicial custody since 16.05.2026, that the petitioner cooperated with the investigation including police custody, that the victim and material witnesses have already been examined, and that the investigation is complete except for filing of charge sheet. He further submitted that the petitioner had earlier obtained interim bail to attend his BBA supplementary examinations from 22.06.2026 to 24.06.2026, complied with all conditions, and surrendered on time. While averring that during interim bail period there was no allegation on petitioner relating to misuse of liberty granted by this Court for writing BBA exams, and considering the conduct of petitioner, he prayed to enlarge the petitioner on regular bail.

5. On the other hand, the learned Public Prosecutor appearing for respondent No.1-State opposed the submissions made by the learned counsel for the petitioner and contended that the allegations are grave in nature, that the victim is a minor, that the petitioner abused the relationship and sexually exploited her on multiple occasions, and that there is every likelihood of the petitioner influencing witnesses and tampering with evidence, if released on bail. Therefore, he prayed for dismissal of the petition.

6. Learned counsel for respondent No.2 filed written arguments stating that the victim is a minor aged 17 years, that the investigation has not fully concluded, and that certain crucial witnesses whose names were revealed by her are not examined as on today, and few other circumstances still require examination, including school records, persons acquainted with the victim and accused, and other circumstantial witnesses. While averring that the nature of the allegations is serious, and investigation is not yet comp

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