APHC010310482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6361/2025 Between: NELABALLI SUDHAKAR, S/O. MADHU, AGED 39 YEARS, R/O. HARIJANAWADA, NELABALLI VILLAGE, PELLAKUR MANDAL, TIRUPATI DISTRICT ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep by its Sub Divisional Police Officer, Naidupet Sub Division, Tirupati District through Public Prosecutor High Court Bldgs, Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.T JANARDHAN RAO Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: 2 Dr.YLR,J Crl.P.No.6361 of 2025 29.07.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No: 6361/2025 ORDER: The Criminal Petition has been filed under Section 480 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioner/Accused on bail in POCSO No.35/2025 on the file of Special Judge for Speedy Trial of Offences under Protection of Children from Sexual Offences Act, 2012 Cases, Nellore, registered against the petitioner/Accused herein for the offence punishable under Sections 332, 65(2) of Bharatiya Nyaya Sanhita, 2023 (for short ‘the BNS’) and Section 6 read with 5(m) of the Protection of Children from Sexual Offences Act, 2012 (for brevity ‘the POCSO Act’). 2. Facts, in brief, of the prosecution are that on 13.12.2024 at approximately 13:00 hours, at Harijanawada, Nelaballi village, Pellakur Mandal, the accused/Nelaballi Sudhakar, aged 39 years, belonging to SC- Mala community and resident of the same locality, allegedly criminally trespassed into the residence of one Thadaga Polamma in her absence. It is further alleged that the accused thereafter lured the minor victim girl, Kannali Poornima @ Chenchu Poornima, aged about 5 years, daughter of the complainant Kannali Gunamma W/o Ramesh, currently residing at Pellakur village and Mandal. The accused is alleged to have committed aggravated 3 Dr.YLR,J Crl.P.No.6361 of 2025 29.07.2025 penetrative sexual assault upon the said minor girl by engaging in oral penetration. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4. Sri T.Janardhan Rao, learned counsel for the petitioner submits that the petitioner has not committed any offence; petitioner was falsely implicated by the police in the crime; petitioner is the sole breadwinner; petitioner would abide by any conditions to be imposed by this Court; if any condition is imposed while granting the bail, Petitioner would not violate it; and it is further submitted that the father of the Petitioner/Accused passed away on 28.07.2025 and he needs to perform the requisite funeral rites and ceremonies of his father and urged to enlarge him on bail. 5. Per contra, Mrs. P.Akhila Naidu, the learned Assistant Public Prosecutor, opposed in granting of bail stating that Petitioner may threaten the victim and witnesses; he would escape from the clutches of law; and urged to dismiss the bail petition. It is further confirmed that the father of the Petitioner died. In this case charge sheet was also filed. 6. Be that as it may, the petitioner has been in the judicial custody for the past 228 days, he was arrested on 17.12.2025. The prosecution submits that there are no adverse antecedents against the petitioner. 4 Dr.YLR,J Crl.P.No.6361 of 2025 29.07.2025 7. In view of the demise of the petitioner's father, and the substantial period of incarceration already undergone, this Court is of the considered view that continuing the Petitioner in judicial custody pending trial, which is not likely to be concluded even after for some months together, would not serve any purpose. 8. Accordingly, this Court is inclined to grant bail to the petitioners, subject to the imposition of following stringent conditions. All the directions are issued keeping in view the safety, security and wellbeing of the victim girl. i. The petitioner/Accused shall be enlarged on bail subject to them executing a bond for a sum of Rs.20,000/- (Rupees twenty thousand only), with two sureties each for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Naidupet. ii. The petitioner/Accused shall appear before the Investigating Officer, on every second and fourth saturday in between 10:00 am and 05:00 pm, till the trial is concluded to regulate the conduct of the Petitioner. iii. The petitioner/Accused shall not commit or indulge in commission of any offence in future. 5 Dr.YLR,J Crl.P.No.6361 of 2025 29.07.2025 iv. The petitioner/Accused shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer. v. The petitioner/Accused shall surrender his passport, if any, to the investigating officer. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. vi. The petitioner/Accused after attending the funeral day, if it is conducted in Nelaballi Village, Pellakur Mandal, Tirupati District, shall not enter into Tirupati District, unless otherwise directed by the learned Trial Court for the purpose of attending any inquiry or trial. vii. The petitioner/Accused shall not enter the village where the victim resides. viii. The petitioner/Accused shall not see, meet, talk, interact and communicate with the victim in any mode till the judgment of the learned Trial Court. ix. Any breach of the aforementioned conditions shall authorize or empower the learned Trial Court to initiate suo 6 Dr.YLR,J Crl.P.No.6361 of 2025 29.07.2025 motu proceedings or act upon an application filed by any authorized individual or the victim or her guardian and consequently remand the petitioner to judicial custody until the conclusion of the trial. 9. Accordingly, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Dated: 29.07.2025 VTS