The High Court · 2025

Petition under Section 480&483 of BNSS praying that in the circumstances stated in the Memorandum of.Grounds of Criminal Petttion, the High Court may be pleased to enlarge the Petitioner/Accused herein on bail due to his arrest in connection with the Crime No. 43812025 on the file of Banjara Hills Police Station, Hyderabad, This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri MUDUMBA LAXMI ,Advocate for the Petitioner and Mr Syed Yasar Mamoon Additional Public Prosecutor on behalf of the Sole Respondent . The Court made the following: ORDER THE HONOURABLE SRI JUSTICE J. SREE\IVAS RAO CRIi\{INAL PETITION No.9515 of 1025 ORDER: 'fhis ('riminal Pctition is filed under Section-s .1ti() and 483 of Rharatil,a Nagarik Suraksha Sanhitha, 2023 (for sbort 'BNSS') sce king bail to the pe titioner/accused in Crime No.1.i8 o1' 2025 on thc lllc of thc P.S. Banjara IJills, Hyderabad, relli:;rered for the o1l'ences punishable under Sections 87, 6a(l) ol rhe llharatiya N1'aya Sanhitha, 2023 (for short 'BNS') and se :rion 3 rlw 4 Protection ol-Child from Sexual Offences ( for srrift 'POCSO') Act, 201 2 ) 'l-he case of the prosecution in brief is that, r irtim girl used to reside in thc house of her aunt at Dhoodh Khan: Ilasthi- Road No.7 Banjara Hills and the accused lived in a nearlrl.colony. The accused was knorvn to the aunt of victim girl. In thc month of March the victim gir[ gave her broken phone to her -nale lriend lor repair, on seeing this, the accused to scare her, threatened to tell her aunt about it and took her to Vengalrao Park and rr the restroom the accused had forcefully sexual intercourse with her. ,A.gain on

19.05.2025, the accused on the pretext of taking datrl;hter of aunt of z .:4. : victim girl from her friend's house took the victim girl to his house and closed the door olhis room and removed his cloths and ciothes of victim girl and threw her into bed and had forcefully sexual tntercourse.

3. Heard Ms.Mudumba laxmi, leamed counsel for the petitioner, and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent-S tate.

4. Learned counsel for the petitioner submitted that the petitioner has not committed the offence and he was falsely implicated in the above crime. She further submitted that Petitioner and the victim are known to each other and even according to the allegations made in the complaint, the ingredients under Sections 87 , 64(l) of BNS are not attracted against the petitioner. She further submitted that petitioner was arested on 2l .05.2025 and since more than 77 days he was in judicial custody and the entire investigation is completed, except filing of charge sheet. She further submitted that the petitioner is not having any other criminal antecedents and he is not having any other criminal antecedents and he is ready and willing to cooperate with the investigation and also ready to abide ii:+:i=? J by the conditions, which are going to be imposed by thi-s Q6x1 3n61 hence, prayeci for grant of bail

5. Leamed counsel fbr the petitioner further sultn-ritted Lhat at thc lime ol the alleged offence, the age of the r ic:tim girl is 17 vears. The victirn is verge of attaining majority ar the time of the incident, applying the margin error principle o1- trvo years. The uppcr age Iir.nit estimated would be l9 years. -l'aking consideration, the incarceration period, the petiticncr is entitled lirr grant ol bait. ln support o1'his contention, he relied upon the order passed by ttre tligh Court of ChhattisgariL, Bilaspur Sandeep Kurnur v. State of Chhatlisgarht.

6. Per conh ct, learned Additional Public Prosc:utor submitted that the petitioner has committed grave oflence and there are senous allegations levelled against the petitiorer and the investigation is under progress. At the time of commission of of-fence, the age ol the victim girl is 17 years and -he order is not applicable to the t-acts and circumstances of thc cas() on the ground F 'irtcRC No..to2s ol202i. dt. 14.09.2021 I that as on the date of the of'fence, the agc of the victim girl is 17 years l0 months 5 days

7. lJaving considered the rival subn'rissions rnade by the respective parties and after perusal of the material avallable on record, it reveals that there are specific and serious allegations against the petitioner that he took the victim girl to his residence and after entering his horne, he immediately removed his clothes and lorcefuUy removed hers. He then threw her onto a nearby bed, and shc pleaded with him not to harm her. Despite her resistance, l.re touched her private parts forceflully. Subsequently, he engaged in scxual intercourse wit('her without hcr consent. This incident occurred on 19.05.2025 around I :45 p.rn. at the petitioner's residence. The judgment relied upon by the learned counscl for the petitioner in Sandeep Kumar's ccse (supra) is not applicable to the facts of this case, because, according to thc record, the victim was only 17 years otd at the time of the ofl'ence, and the petitioner fbrcibly committed the oft-ence against her. Even according to the learned Additional Public Prosecutor, the investigation is under progress :;,. 5

8. 'l-aking into consideration the facts and circunrstances of the crsr'ancl also tltc grar itv of thc of1'ence, this Clourt i; not inclined to grant bail to thc petitioner. cspecially rhe investigerion is under progress

9. Accordingly, this Criminal Petition is disrnissc.d Miscellaneous applications, pending if any. :rliall stand closed. I I To, //TRUE COPY// SD/- B. CHANDRA PRAKASH C EPUTY REGISTRAR6 SECTION OFFICER '1 . The lll Additional Chief Judicial tvlagistrate, Nampally, Hycrerabad 2. The Station House Offrcer,Police Station Banjara hills Di zisron. Hyderabad 3. One CC to SRI IVUDUMBA LAXMT Advocate [OpUC] 4. Two CC to SRI PUBLTC PROSECUTOR Advocate [OpiJC] 5. Two CD Copies AG/gh HIGH COURT DATED:0610812025 I I i /€ () c J o o I ($(' ?E il0 l, -i '' .. ( ORDER CRLP.No.9515 of 2025 CRLP IS DISMlSSED