IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA MONDAY, THE FOURTH DAY OF AUGUST, A TWO THOUSAND AND TWENTY FIVE p ;PRESENT: \ THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7540 OF 2025 Between: Amavasya Kumari(A3), W/o Amavasya Madhu Hindu, aged about 52 years. Housewife R/o Mangalikatta, Buchireddypalem Nagar, Panchayat SPSR Nellore District. ... Petitioner/Accused AND 1. The State of Andhra Pradesh, Rep. Public Prosecutor through The station house officer, Buchireddypalem Urban Police Station, SPSR Nellore District. ... Petitioner/Accused 2. Victim Girl. Respondent No.2/Victim Girl (R2 is impleaded as per the Court Order dated 04.08.2025 in I.A.No.1 of 2025 in Crlp.No.7540 of 2025) Petition under Section 480 & 483 of BNSS, is filed praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge on bail to the petitioner (Amavasya Kumari - A3) in Cr. No. 116/2025 of Buchireddypalem Urban Police Station, SPSR NELLORE Dt., subject to any conditions deemed fit by this Hon'ble Court. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and the order of the High Court dated 31.07.2025 made herein and upon hearing the arguments of Sri Amancharla Satish Babu, Advocate for the Petitioner and of Public Prosecutor for Respondent No.1 and of Sri N.V.Siva Rani, Advocate for Respondent No.2, the Court made the following Dr. YLR, J Crl.P.No.7540 of2025 Dated 04.08.2025 The Court made the following: ORDER: The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioner/Accu sed No.3 on bail in Cr.No.116 of 2025 of Bucchireddypalem Urban Police Station, SPSR Nellore District, registered against the petitioner/Accused No.3 herein for the offences punishable under Sections 140 (3), 127 (2) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’), Section 8 read with 7 of the Protection of Children from Sexual Offences Act, 2012. 2. The case of the prosecution is that on 15.05.2025, the complainant reported that she was residing at her grandparents' house. The complainant’s mother had eloped with one Ambi Prashanth. On 13.05.2025, at about 10:00 A.M., the accused came to her grandparents’ house in Bangalore. Ambi Chengaiah and Bhagyalakshmi TVS XL and forcibly took the complainant, her sister, and their grandparents in a car and brought them to Mangalikatta in Bucchireddypalem Town by 8:00 P.M., where they were wrongfully confined in the house of one Amavaasya Madhu. At about 11:30 P.M. came on a 3 Dr. YLR, J Crl.P.No.7540 of 2025 Dated 04.08.2025 that night, while the complainant was sleeping, one Pujari Bhaskar came to her, touched her indecently, and demanded sexual favors. When she cried out, he went away. On the next morning, i.e., 14.05.2025, Ambi Chengaiah and Bhagyalakshmi again came and stated that they would remain confined until their son was found. On 15.05.2025, in the early morning hours, while everyone was asleep and the door was left open. the complainant, along with her sister and grandparents, escaped and approached the Police Station and lodged a report. 3. Sri Amancharla Satish Babu, the learned counsel for the petitioner, contends that the petitioner is a lady; the petitioner is innocent of the alleged offence and has been falsely implicated by the police. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Hon’ble Court. In light of the foregoing, the learned counsel prays that the present petition be allowed in the interest of justice. It is also submitted that Accused No.2 was enlarged on bail by this Court in Crl.P.No.6917 of 2025, vide order dated 21.07.2025. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public 4. Prosecutor 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 jf the petitioner is 4 Dr. YLR, J Crl.P.No.7540 of2025 Dated 04.08.2025 released on bail at this stage, there is a strong likelihood that she 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. 5. On the other hand, Ms. N.V. Siva Rani, the learned Legal Aid Counsel, while reiterating the arguments of the learned Assistant Public Prosecutor, submits that the accusation is well-founded against the petitioner, and it is urged that the petition be dismissed. 6. Heard the learned counsel for the petitioner, the learned Legal Counsel, and the learned Assistant Public Prosecutor. Perused the record. As seen from the record, the petitioner/Accused No.3 is a lady. The petitioner was arrested on 02.07.2025 and has been in judicial custody for the past thirty (30) days. The allegation levelled against the petitioner is that she, along with the other persons, wrongfully confined the victim. However, there are no specific overt acts levelled against the 7. petitioner with regard to the provisions of ‘the POCSO Act’. Considering the nature and gravity of the allegations levelled against the petitioner, her alleged role in the case, and the period of 8. 5 Dr. YLR, J Crl.P.No.7540 of2025 Dated 04.08.2025 detention undergone by the petitioner in judicial custody, this Court is inclined to enlarge the petitioner on bail with the following stringent conditions: i. The petitioner/Accused No.3 shall be enlarged on bail subject to she executing a personal bond for a sum of Rs. 10,000/- (Rupees Ten Thousand only), with two sureties each for the like sum each to the satisfaction of the learned Additional Judicial Magistrate of First Class, Kovur. ii. The petitioner/Accused No.3 shall appear before the Station House Officer, Bucchireddypalem Urban Police Station, SPSR Nellore District, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court, iii. The petitioner/Accused No.3 shall not leave the limits of the District without prior permission from the Station House Officer concerned, iv. The petitioner/Accused No.3 shall not commit or indulge in commission of any offence in future. V. The petitioner/Accused No.3 shall cooperate with the investigating officer in further investigation of the case and shall make herself available for interrogation by the investigating officer as and when required, vi. The petitioner/Accused No.3 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to 6 Dr. YLR, J Crl.P.No.7540 of 2025 Dated 04.08.2025 dissuade him/her from disclosing such facts to the court or to any police officer. 9. Accordingly, the Criminal Petition is allowed. SD/- KJ.RAJA BABU ASSISTANT RE TRAP. //TRUE COPY// SECTION OFFICER To, 1. The Additional Judicial Magistrate of First Class, Kovur, SPSR Nellore District. 2. The Superintendent, Central Jail, Nellore. 3. The Station House Officer, Buchireddypalem Urban Police Statuion SPSR Nellore District. 4. The Secretary, High Court Legal Services Committee, High Court of A.P., Amaravati. 5. One CC to Sri Amancharla Satish Babu, Advocate [OPUC] 6. One CC to Ms. N.V.Siva Rani, Advocate [OPUC] 7. Two CCs to Public Prosecutor, High Court of A.P., Amaravati[OUT] 8. One spare copy. / / PSD HIGH COURT i' . DR.YLR.J DATE:04/08/2025 BAIL ORDER CRLP.No.7540 of 2025 ALLOWED AN£7/^^^