The High Court · 2025

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri p N DAYAKAR, Advocate for the petitioner and lvlr.syed yasar Mamoon, learned Additional Public Prosecutor on behalf of respondenlState, the public Prosecutor (TG) on behalf of the Respondent. The Court made the following: ORDER ._l::fi4"'..*_ a. THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.7359 of 2025 ORDER: This Criminal Petition is filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS') s:eking bail to the petitioner/accused in S.C.Spl.No'264 of 2025 on the file of the learned Trial and Disposal of POCSO Act Cases, Rang Reddy District at L.B.Nagar in Crime No.505 of 2O23 on the file of the P.S. Balapur, Rachakonda, registered for the offbnces punishable under Sections 376(2)(n) and 312 of the Indian Penal Code, 1860 (for short 'IPC') and Section 5 r/w 6 ard 2l of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act'). 2 The case of prosecution in brief is that on 16.11.2023, the grandmother of the victim girl lodged a complainant against the accused slating that her daughter, who remarried the accused in 2020 aftu her first husband's death in 2018, had a daughter, i.e. victim girl from her first marriage who had been staying with grandmother and attending Madarsa. On 15.11.2023, victim girl I 2 left for Madarsa at 9 a.m. but did not return. Upon inquiry, victim girl alleged that the accused, her stepfather, took her in his auto near ACC Cement godown, Pahadishareef to his house in Green Cify Colony, Balapur, and sexually assaulted her multiple times. Basing on the same, the present crime was registered.

3. Heard Mr.P.N.Dayakar, leamed counsel for the petitioner and Mr.Syed Yasar Mamoon, learned Additional public Prosecutor for the respondent-State.

4. Leamed counsel for the petitioner submitted that the petitioner has not committed the offence and he was falsely implicated in the above crime. He further submitted that there are family and property disputes between the petitioner and grandmother of the victim girl and to dissolve the said disputes, she lodged a complaint against the petitioner with an intention to harass him. He further submitted that the petitioner was arrested on 25.02.2025 and since more than 89 days he is 1n judicial custody and the investigation officer after conducting investigation hled charge sheet and the same was J numbered,is S.C.Spl.No.264 of 2025 on the file olthe learned 'l-rial and t)isposal of POCSO Act Cases, Ranga Reddy District at L.B.Nagar. He further submitted that the petitioner is eking out his lir' elihood by wolking as car driver and his entire lamily ts depending upon his income only. He further subrnitted r.hat the petitioner is not having any other criminal antecedent:; and he will appcar befbre thc concenred Courl in S.C.Spl.No.264 of 2025 as and when required ancl shall abide by the conclitions, which are going to be imposcd by this Court. Hence, pralred for grant ofbail. Hence, prayed lor grant ofbait.

5. Per c'ontra,learned Additional Public Prosecutor submitted that the petitioner has committed grave oflences and there are specific all(rgations against the petitioner that he cornmitted rape agairrst the victim girl, who is none other than his claughter and if l-he petitioner is glanted bail, he may tamper with the evidence and may threaten the witnesscs, and hence, prayed to dismiss the pctrtion.

6. Having considcred the rival subrnissions made bv the respective parties and after perusal of the material available on I 4 record, it reveals that there are specific allegations against the petitioner to attract sections 376(2)(n) and 312 of IPC and Section 5 rlw 6 and 21 of the POCSO Act' The record fufther revealsthatthcpetitior.rer,wlioisthestepfatherofthevictim minor girl, comrnitted rape on her. The investigation officer after conducting investigation filed cliarge sheet on 15'04'2025' on the file of the learned Trial and Disposal of POCSO Act Cases' Ranga Reddy District at I-.B.Nagar ar.rd the same was nut.nbered as S.C.Spl.No.264 of 2025- On perusal of the charge sheet reveals that the investigation officer recorded the statements of the witnesses, who have also stated about the offence committed by the petitioner against the victim girl' 7 . Taking into consideration of the facts and circumstances of the case and the gravity and seriousness of the offence, this Court is of the considered view that it is not a fit case to grant bail to the petitioner/accused.

8. Accordingly, this Criminal Petition is dismissed' ., -iffiff-++y ./ -.-: -'B :1 --*, . .r. / / 5 Miscellaneous applications, pending if any, shall stand closed. 1, t, \ To, SD/. AHMED ABDULLAH KHAN ASSISTANTREGISTRAR //TRUE COPY// { i I \ S CTION OFFICER (

1. The 1"tAddl. Junior Civil Judge cum 1't Additional Judicial 'l't Class Magistrate ;at L.B.Nagar.

2. The Station House Officer, Balapur Police Station, Rachakonda District. 3. One CC to SRI P N DAYAKAR, Advocate [OPUC] 4. Two CCs tc the Public Prosecutor, High Court of Telangana at Hyderabad louTl

5. Two CD Copies SM/psl ) I HIGH COURT DATED: 2510612025 ORDER CRLP.No.7359 of 2025 I I 2 ..,t . ,.. -,,.',t.:\ ., ----\* !-;^.\. ,; i', l\ \ 9 AttE IIE i.ll !' 'l DISMISSED THE CRIMINAL PETITION (u L, t{T