APHC010341622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7099 OF 2025 Between: Pathan Kareem Khan @ Feroz Khan @ Muslim, aged about 19 Kanuru Village, Penamaluru Mandal Feroz, S/o Ghouse Khan years, R/o Sanath Nagar, Near Urdu School Krishna District. ...PETITIONER/ACCUSED AND 1. The State of Andhra Pradesh, Represented by Public Court of Andhra Pradesh. 2. Gopisetty . Sandhya, W/o (Late) Krishna, Hindu, (Rajaka) aged about Kanuru, Penamaluru. Prosecutor, High 39 years. Near Urdu Schooi, Sanath Nagar, Krishna District. (Respondent No.2 is impleaded as per the Court’s order dated 30.07.2025 in I.A.No.1 of 2025 in Crl.P.No.7099 of 2025.) ...RESPONDENTS 483 of BNSS praying that in the of Criminal Petition, the Petition under Sections 480 and circumstances stated in the Memorandum of Grounds V High Court may be pleased to grant bail in Crime No. 233/2025 registered by the SHO, Penamaluru Police Station, Krishna District. Counsel for the Petitioner : SRI SHAIK MAZHAR Counsel for the Respondent No.2 : SRI SRAVAN KUMAR NAIDANA Counsel for the Respondent No.1 : PUBLIC PROSECUTOR “ The Court made the following ORDER : ?■ APHC010341622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7099/2025 Between: 1.PATHAN . KAREEM KHAN @ FEROZ KHAN @ FEROZ, S/0 GHOUSE KHAN, MUSLIM, AGED ABOUT 19 YEARS, R/0 SANATH NAGAR, NEAR URDU SCHOOL, MANDAL, KRISHNA DISTRICT KANURU VILLAGE, PENAMALURU ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY PUBLIC PROSECUTORHIGH COURTOF ANDHRAPRADESH. 2.XXXXXXXXX, RESPONDENT N0.2 IS IMPLEADED AS PER THE COURT'S ORDER DATED 30.07.2025 IN LA.N0.1 OF 2025 IN CRLP.N0.7099 0F2025. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1.SHAIKMAZHAR Counsel for the Respondent/complainant(S): 1.SRAVAN KUMAR NAIDANA 2. PUBLIC PROSECUTOR 3. LEGAL AID The Court made the following: ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the petitioner/Accused for granting of bail in connection with Crime No.233 of 2025 of Penamaluru Police Station, Krishna District, registered for the alleged offences punishable under Sections 61 of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’) and Section 4 of the POCSO Act. 2. The case of the prosecution is that On 16.04.2025 at around 8.00 when the victim girl along with one Karishma were going on foot and reached near Surya School, Kanuru Village, the petitioner/accused while going through the same area, stopped his bike and asked the victim girl and Karishma to get on the bike and took them to Sri Sai Sudha Community Hall. In the meantime, one Abdul Ghani came there on another bike and took the victim girl to the bushes situated beside Surya School, removed her clothes and committed rape on her one after another and after that, the petitioner/accused picked up the victim girl and dropped her near Surya School and went away. On the report given by mother of victim girl, a case in Crime No.233/2025, U/Secs.64(1) B.N.S and Sec.4 of POCSO Act on 19.04.2025 at 23.30 hours and investigated the matter. During the course of investigation, the Investigating Officer obtained birth certificate of victim girl and altered the section of law to 70(1), 351(2) of B.N.S and arrested the accused 21.04.2025 at Mahadevapuram Colony, Kanuru Village, Penamaluru Mandal, p.m.. on f 3 produced him before the court for judicial remand. Since then, the petitioner/accused has been in judicial custody. Sri. Shaik Mazhar, the learned counsel for the petitioner contends that 3. the petitioner is innocent of the alleged offence and has been falsely implicated by the police. It is further submitted that the petitioner is the sole earning member of the family and, he is ready to abide any conditions that may be imposed by this Court, and it is urged to grant bail to the petitioner. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor 4. vehemently opposed the grant of bail to the petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioner is released on bail, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing, it is urged that the petition be dismissed. Heard the learned counsel for the petitioner and the learned Assistant 5. Public Prosecutor. Perused the record. As seen from the record, the petitioner/accused was arrested on 6. .21.04.2025, ever since, he has been in the judicial custody. The charge sheet has already been filed in this case. The victim in this case is approximately 18 years and 10 months old. It is well-founded that the accused and another individual, Abdul Ghani, had been engaging in intercourse with the victim A 'X' '1 '^■1 4 since the alleged offence. The duration of detention in judicial custody is immaterial. In view of the above, as the accusation is well-founded against the petitioner, the request of the learned counsel for the petitioner at this juncture is not found to be convincing or reasonable. Hence, this Criminal Petition i: liable to be dismissed. However, since the case of the petitioner is under trial, the learned trial Court is directed to give preference for disposal of the early as possible within a period of six (06) months from this date. 7. IS case as 8. In the result, the Criminal Petition is dismissed. SD/- K.J.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Sessions Judge, Mahila Court, Vijayawada, Krishna District. 2. The VI Additional Judicial Magistrate, Vijaywada, Krishna District. 3. The Station House Officer, Penamaluru Police Station, Krishna District. 4. One CC to SRI SHAIK MAZHAR Advocate [OPUC] 5. One CC to SRI SRAVAN KUMAR NAIDANA Advocate [OUT] 6. Two CCs to Public Prosecutor High Court of Andhra Pradesh Amaravathi [OUT] 7. Two CD Copies at AKR TAC i HIGH COURT DATED: 18/08/2025 ORDER CRLP NO. 7099 OF 2025 DISMISSING THE CRIMINAL PETITION