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2025 DAILYLAW 14013 (AP)

KANUKURTHY HEMESWAR RAO v. THE STATE OF ANDHRA PRADESH

CRLP/3683/2025 · 2025-04-16

T Mallikarjuna Rao

Public Interest Litigationbody2025

Judgment text

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APHC010171922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] WEDNESDAY ,THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3683/2025 Between: Kanukurthy Hemeswar Rao ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. M SIVA KUMAR Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER:- This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioner/accused, seeking regular bail, in Crime No.2 of 2025 of Piler Police Station, Annamayya District. 2. A case has been registered against the petitioner/accused for the offences punishable under Sections 87, 64(1) of Bharatiya Nyaya Sanhita, 2023 & Section 9 of Prohibition of 2 Child Marriage Act & Section 6 r/w 5(1) of Protection of Children from Sexual Offence Act, 2012. 3. The brief facts of the case are that on 20.12.2024 the accused by saying deceitful words kidnapped the victim girl, who was 17 years old, married her and committed rape several times against her and now showing disinterest on her to continue their martial life. In this connection, a case was registered and investigated. 4. Heard. Perused the record. 5. Learned counsel for the petitioner submits that the petitioner is a first-year B.Sc. student and is scheduled to appear for examinations commencing on 22.04.2025. The petitioner has placed the examination schedule on record. A reading of the material on file suggests that the petitioner and the defacto complainant were fell in love with each other and are said to have married on 20.12.2024 without informing their parents. 6. Since the petitioner has been in judicial custody for more than three months, this Court is of the view that a substantial part of the investigation might have been completed. 3 Considering that the petitioner is a student, and in light of the examination schedule submitted, further incarceration may adversely affect his academic progress and the release of the accused would not cause hampering of investigation. As most of the investigation might have been completed, as such, this Court is inclined to grant bail to the petitioner with the following conditions: (i) The petitioner/accused shall be released on executing a personal bond for Rs.25,000/- (Rupees twenty five thousand only) with one surety for a like sum each to the satisfaction of the learned Special Judge for Trial of Offences under the POCSO Act, Chittoor. (ii) After release, the petitioner shall appear before the Station House Officer concerned as and when required. (iii) Further, the petitioner is directed not to hamper the investigation and tamper with the prosecution witnesses. 7. Accordingly, the Criminal Petition is allowed. _____________________ T. MALLIKARJUNA RAO , J Date.16.04.2025. S D P 4 HON’BLE SRI JUSTICE T. MALLIKARJUNA RAO Criminal Petition No.3683 of 2025 Dated:16.04.2025 S D P