The High Court · 2025

Petition under Section 480 & 483 OF BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the petitioner/ accused on Regular Bail in SC POCSO No.2512024, on the file of the LRAT-cum-l Additional District and Sessions Judge, Hanumakonda and release the petitioner/ accused on bail on such terms and conditions. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri PULLABHOTLA VLS SRICHAKRAPANI, Advocate for the Petitioner and Mr. SYED YASAR MAMOON, the Additional public prosecutor on behalf of respondent No.1 and none appeared for the Respondent No.2. The Court made the following: ORDER f) .I'H I.] HONOURABLE SIU .IUSTICE .I. SITEENIVAS RAO CRIN{INAL PEI'ITION No.8l0l of 2025 oRt)1,_R: 'Ihis Criminal Petition is filed under Seclions 480 and 483 o1' rhe Bharariya Nagarik Suraksha Sanhita, 2023 (BNSS) by the pctitioner'/accused secking bail in S.C.POCSO No.25 o{' 2024 on the llle ol' the t-[tA'l'-cum-l AdditionaI District and Sessir>ns Jtrdge. Ilantnnak rrrrda.

2. IIeald Mr.P.V.L.S.Sri Chakrapani, learne'd counsel tbr the petitioner'. and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutol appearing lor the respondent-State.

3. [.earned counsel for the petitioner submitted that the petitioner' is accused in crime No. 158 of 2024 of KUC P.S., Warangal I)istrict, rcgistered lbl the of-lences under Sections 376 rlw 5 t 1, 323 and 506 ol the Indian Penal Code, 1860 (for short'lPC') and Section 9 r/rv 10 of the Protection of children from Sexual offences Act, 2012 (for short .pocso Act'). He further submitted that the said crime was registered on21 .03.2024 and the petitioner was arrested and produced before the concemed cotrft and he was sent to judicial custody on22.o3.2024 and \ 2 after expiry of 72 days, the concetned Court has granted bail to the petitioner on 06.06'2024. The investigating officer after cor.rducting investigation filed charge sheet before the learned LRA'I -ctrm-[ Additional District and Sessions Judge' Hanurn4konda' and the:same was numbered as S.C.POCSO No.25 of 2024 and the learned Sessions Judge issued NBW against the petitioner on 03'02'2025 for his norr- appearance and at that stage, the petitioner had approached this Courr and filed CLl.P.No.2054 of 2025, seeking recall of NIIW issued against hirn and this Court disposed of the said petiti<ln on 1j.02.2025. directing the petitioner to surrender befor.e thc hial court on or before

20.03.2025 and file recall perition and on such application, rhe r.rial Court is directed to consider. the same on the same day and till such surrender of the petitioner, the NBW shalr not be executed. Thereafter, the petitioner had fired application seeking reca, of NBW issue. against him and the Court below dismissed the said application on 19.03.2025. He further submitted that the police executed NBW againsr the petir.ioner on 29.05.2025 and he was produced belore the Court below and the Court below has sent the petitioner to judicial custody on the same day and since then he is in judicial custody. He I I b-- -"88r. I I I --.-.lirrr,'' l) 3 furthcr submitted that the petitioner is ready and willing to prosecute the proceedings pendi,g before the Court belou, and also abide by the conditions which are going to be imposed by rhis Court. 4' Per contra, rearned Additionar public prosecutor submirted that, despite the spccific direction issued by rhis court in crl.p.No.2054 of 2025 while disposing of the said petition dated 13.02.2025, the pelitioner has not surrendered before the Courr below withir.r thc stipulated tinre, on the otl'rer trand filed application seeking rccall ol NBW before the Court below and the said Court dismissed the said applicatiorr on 19.03.2025. He further submitted that as the petitioner had not surrcndered before the Court below and escaped from the (lourt, the NBW issued against the petitioner was execLrted on

29.05.2025 and the Court below rightly sent the petitioner to the judicial custody. I-le lurther subrnitted that the petitioner had filed Crl.M.P.No.2q7 of 2025 in S.C (P) No.25 of 2024 seeking grant of bail, which was dismissed by the Courl below on 24.06.2025. While dismissing the application, the Court observed that the victim and her mother had appeared before it and stated that the petitioner was compelling theln to compromise the case for an amount of Rs'1 Crore' \r ,2"' I 4 and had also tlu'eatened to kill thern in case ol non-cotnpliance. The Couft further observed tl'rat the matter is now posted for trial, thc cvidence of PW.1 lras bccn recorded, and thc case is pending for rccording the evidcnce of the victirn. llence. praycd to disnriss tlre pet rtlon.

5. Having considered the rival subr.nissions rnade by the lespective parties and after perusal of the rnatelial available on lecord. it leveals that the petitioner is accused in Crirne No.l5tl of 2024 arrd he was arrestcd, produced before the concerned Court and was sent to judicial custody on 22.03.2024 and after expiry of 72 days, the concerned Court has granted bail to the petitioner on 06.06.2024. The investigating officer after conducting investigation filed chargc shcet before the learned LRAT-cum-I Additional District and Sessions Judge, IJanurnakonda, and the same was nurnbered as S.C.pOCSO No.25 of 2024 and the leamed Sessions Judge issued NBW against the petitioner on 03.02.2025 for his non-appearance and at that stage, the petitioner had approached this Court and filed Crl.p.No.2054 of 2025, seeking recall of NBW issued against him and this Courl disposed of the said petition on 13.02.2025, directing the petitioner to surrender I --FF--_-:..r _----. I I I I I I I I I I 5 beforc tlrc trial Court on or before 20.03.2025 and file recall petition and on such application, the trial Court is directed to consider the same on the sanrc day and till such surrender of the petitioner, the NB\\/ shall no1 he executed. The rccord furlher discl,rses that despitc the specific direction issued by this Court in Crl.P.No.2054 of 2025, the petitioncr has not surrendered before the Cotirt below within the stipulatecl tiure, on the othel hand simply filed applicatior.r seeking recall cr1'NBW before the Court below and the said Courl dismissed the said application on 19.03.2025. 1'heleafter, the petitioncr has l'iled Crl.M.P.No 297 of 2025 in S.C (P) No.25 of 20221 lor grant of bail and the Court below disrnissed the said application on )4-06-2025.

6. 1'aking into consideration the facts ar.rd circumstances o1' the case, as well as the conduct of the petitioner, this Coun is not inclined to grant bail to the petitioner' As per the provisions of the POCSO Act' the trial has to be concluded within a period of one year' however' the present case has been pending since the year 2024' In order to render substantial jtrstice to the parties, the leamed LRAT-cum-l Additional District and Sessions Judge' Hanumakonda' is directed to decide and dispose oi S.C.POCS0 No'25 of 2024 as expeditiously as possible' 6 () prelbrably within a period of three (3),ronths from the date of rcceipt. ofa copy ofthis order. 1 Accordingly, this Criminal Petition is disposed oL M iscellaneous applications, pending if any, shall stanci closed. Il'/ To, I SD/- K.BHAVANI SWAMY ASSITANT REGISTRAR o SECTION OFFICER //TRUE COPY//

1. The Special Sessions Judge for Trial of Cases under POCSO Act (l Additional Sessions Judge), Hanumakonda.

2. The LRAT-cum-l Additional District and Sessions Judge, Hanumakonda. 3. The Station House Officer, KUC Police Station, Hanumakonda. 4. One CC to Sri Pullabhotla VLS Srichakrapani Advocate IOPUCI 5. Two CCs to Public Prosecutor, High Court for the State of Telangana, at Hyderabad. [OUT]

6. Two CD Copies GR/PSL v" I I HIGH COURT DATED:1410712025 ORDER GRLP.No.8101 of 2025 .' ,.,:. 270[Iffi !,ar ( :^ DISPOSING THE CRIMINAL PETITION o\. +*