_--I IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV MONDAY ,THE TWENTY FIRST DAY OF JULY. TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA CRIMINAL PETITION NO.-6917 OF 2025 Between.I [3521 I Amavasya AIias Amasa Madhu, S/o Ramanaiah Hindu, aged about 53 years. Occupation Daily Wage Worker R/o Brahmadevam village, Muthukur MandaI currently residl'ng at Mangalikatta, Buchireddypalem Nagar Panchayat spsR Nellore District Petitioner/Accused AND The State ofAndhra Pradesh, Rep. Public Prosecutor through The stall-On house officer Buchireddypalem Urban Police Station, SPSR Nellore District Respondent/complainant Petition under sections 437 & 439 of Cr.P.C, (New Sections 480 & 483 of BNSS, 2023) praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to Grant regular baI-I to the Petitioner ( A2: Amavasya Madhu) I-n Cr. No.116/2025 of Buchireddypalem urban police Station, directing hI~S release from judicial custody, subject to any conditions deemed fit by this Hon'ble Court in the interest of justice COUNSEL FOR THE PETITIONER : SRl. AMANCHARLA SATISH BABU COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER- THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No:6917/2025 ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhi{a, 2023 (for brevity fthe BNSSJ), seeking to enlarge the petitioner/Accused No.2 on bail in Cr.No.116 of 2025 of Buchireddypalem Urban Police Station, Sri Potti Sriramulu Nellore District, regI|Stered against the Petitioner/Accused No.2 herein for the offence punishable under Sections 140(3), 127(2), of Bharatiya Nyaya Sanhita, 2023 (for short fthe BNS') and Section 8 read with 7 of the Protection of Children from Sexual Offences Act, 2012 (for brevity [the POCSO Act]). 2. Provenance of the case of the prosecution is that on 13.05.2025 at around 10:00 hours, the complainant, Miss Mallepalli Divya, aged 13 years, resident of Vijayapura, Chikballapur District, Karn'ataka State, who was residing at her grandparentsJ home, was forcibly taken along with her sister and grandparents by accused persons Pujari Bhaskar, Amavasya Madhu, Amavasya Kumari, and Kampa Suresh. They were joined enroute by Ambi Chengaiah and Bhagyalakshmi who arrived on a two-wheeler and transported the victims to Mangalikatta locality in Buchireddypalem Town, where they were wrongfully confined at the residence of accused Amavasya Madhu. During the night hours, at around 23:30, while the complainant was asleep, accused Pujari Bhaskar entered and allegedly behaved indecently, demanding sexual favours. Upon her cries, he re`ireated. On the following morning, the other accused reiterated that the complaI-nant and her family would remain confined un{I'l the missing individual, reportedly Ambi Prashanth, was found. on 15.05.2025, during the early hours, the complainant, her sister, and grandparents managed to escape whileJ one of the accused was asleep with the door ajar. 3. Heard learned counsel for the petitI-Oner and the learned Assistant Public Prosecutor. perused the record. 4. SrI' Amancharla Satish Babu, 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,I if any condition is imposed while granting the bail, petitioner would not violate it; and it is urged to allow the petition. 5. Per oonfra, Mr.Neelotphal Ganji, the learned Assistant Public Prosecutor, opposed in granting of bail stating that the petitioner is habitual offender, some more material witnesses have to be examined; investigation is not completed; I'f the Petitioner iS enlarged On bail, he WOuld not be available ¥ for the investigation and petitioner may threaten the wl'tness; he would escape from the clutches of law; and urged to dismiss the bail petition. 6. The petitioner has been in {hejudicial custodyforthe past 66 days, he was arrested on 15.05.2025. The prosecution submits that there are three more adverse antecedents against the petitioner. None of those antecedents attract the provisions of the POCSO Act. Custodial interrogation of the ``=- .` ``-~ Pet'ltioner is not required as the period of first fifteen days, the time for filing custody petition, for custodial interrogation of the Petitioner is also expired. r--: .-L--` '` 7. As seen from the statement given by the de-facfo complainant who is aged about 13 years, the provisions of cthe POCSO Act' would not attract against the Petitioner. The allegation aga.inst the Petitioner is that he along with some other wrongfully confined the victim and other girls. lf stringent conditions are imposed on the Petitioner while enlarging him on bail, ends of justice would b6 sub-served. - 8. Considering the nature and gravity of allegation levelled against the petitioner, and his alleged role played in this case, and the period of detention undergone by the pet-l{ioner, this Court is inclined to enlarge the petitioner on bail with the following stringent conditions: i. The petitioners/Accused No.2 and shall be enlarged on bail subject to he 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 Additional Judicial Magistrate of First Class, Kovur,t ii. The petitioner/Accused No.2 shall appear before the - Station- House Officer, Buchireddypalem Urban Police Station, Sri Potti Sriramulu Nellore District, on every Saturday in between 10-.00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. EEEEEEE]E -.-H++_-- 9_ 5 iii. The petitioner/Accused No.2 shall not leave the limits of the District without prior permissI-On from the learned Additional Judicial Magistrate of First Class, Kovur. iv. The petitioner/Accused No.2 shall not commit or indulge in commission of any offence in future. v. The petitioner/Accused No.2 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required. vi. The petitioner/Accused No.2 shall not, directly or indirectly, make any inducement, threat or promise to any person acqual-n{ed wI-{h the facts Of the Case SO aS tO dissuade him/her from disclosing su-ch facts to the court or to any police officer. vii. The petitioner/Accused No.2 shall surrender their Passports, if any, to the investigating officer. lf they claim that they do not have a passport, they shall submit an affid.avit to that effect to the Investigating officer. Accordingly, the Criminal Petition is allowed. sD/-G.HELA NATD-U- //TRUE COPY// ASSISTgrGISTRAR For ASSISTANT REGISTRAR To, 1. The Special Judge for trail of offenCeS under POCSO Act, 2012, Nellore 2. The Additional Judicial Magistrate, Kovur 3. The Superintendent, Nellore Central Jail 4. The Station House Officer, Buchireddypalem Urban Police Station, SPSR Nellore District 5. One CC to SRl. AMANCHARLA SATISH BABU Advocate [opuc] 6. Two CCs to PUBLIC PROSECUTOR, High Court ofA.P[OUT] 7. One spare copy HIGH COURT DR.YLR,J DATED:21/07/2025 BAIL ORDER CRLP.No,6917 of 2025 ALLOWED \\