IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI SATURDAY. THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE / :PRESENT: T^HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7915 OF 2025 Between: Desamala Rajesh, S/o. Nagaraju, aged about 24 years, R/o. Harijanawada, Damaramadugu Village, Buchireddypalem Mandal, SPS Nellore District, A.P. ...Petitioner/Accused AND 1. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. 2. Mother of Victim, ...Respondent Petition under Section 480 & 483 of BNSS (Old Sections 437 & 439 of Cr.P.C), praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused on bail pending disposal of Crime No.260/2024 of V. Satram Police Static / SPS Nellore District. Counsel for the Petitioner : Sri Srinivasa Rao Narra Counsel for the Respondent : Ms.P.Akhila Naidu, Assistant Public Prosecutor. The Court made the following ORDER: Dr. YLR, J Crl.P.No.7915 of2025 Dated 30.08.2025 -P 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/Accused on bail in Cr.No.260 of 2024 of V.Sataram Police Station, SPSR Nellore District, registered against the petitioner/Accused herein for the offences punishable under Sections 96, 127 (4), 64 (2)(m) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’), Section 6 read with 5(l)(j)(ii) of the Protection of Children from Sexual Offences Act, 2012 (for brevity ‘the POCSO Act’). 2. The case of the prosecution is that on 17.12.2024, at about 20.00 hours, the complainant lodged a report stating that her daughter is a student and, as part of her daily routine, she leaves home at about 07.00 hours in the morning to attend college and usually returns home by around 19.00 hours in the evening.' However, on 13.12.2024, her daughter left home at 07.00 A.M. in the college van as usual, but did not return home from college by evening. Despite waiting for her return and making enquiries with relatives, neighbours, and known persons, her whereabouts could not be traced. On account of her missing since the morning of 3 Dr. YLR, J Crl.P.No.7915of2025 Dated 30.08.2025 13.12.2024, the complainant approached the police and lodged the present complaint. Basing on the said report, the present FIR was registered. Sri Narra Srinivasa Rao, the learned counsel for the petitioner contends that 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, therefore, his continued incarceration would cause undue hardship to his dependents. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, learned counsel prays that the present petition be allowed in the interest of justice. 3. 4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioner, submitting that the investigation was completed and charge sheet was filed. It is contended that if the petitioner is released on bail, there is a strong likelihood that he may abscond, thereby evade the process of law, and it is urged to dismiss the petition. 5. On the other hand, Ms.Aishwarya Nagula, 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/Accused, and it is urged that the petition be dismissed. Dr. YLR, J ^ Crl.P.No.7915 of2025 Dated 30.08.2025 6. Heard the learned counsel for the petitioner, the learned counsel, and the learned Assistant Public Prosecutor. Perused the legal aid record. 7. As seen from the record, the allegation against the petitioner/Accused iIS that earlier he had maintained a consensual sexual relationship with the victim girl. She was aged about 16 years at the time of the alleged offence. She became pregnant and later underwent an abortion. The statement of the victim was also recorded under Section 164 of ‘the Cr.P.C.,VSection 183 of ‘the BNSS’ by the learned Jurisdictional Magistrate. Originally, a missing girl case was registered. Later, on tracing the victim girl, her statement recorded and the petitioner was charged under the provisions of ‘the POCSO Act’. The petitioner is aged about 24 years and is a neighbour of the victim’s grandmother’s house. The petitioner was arrested on 04.02.2025 and has been in judicial custody for the past 206 days. Charge sheet after thorough investigation. As observed earlier, a consensual relationship had developed between the petitioner and the victim, but later they parted their ways. was was also filed 8. Be that as it may, the victim is a minor, and the provisions of ‘the POCSO Act’ are applicable in this case. The charge sheet has already been filed after recording the statements of the victim under Section Cr.P.C.,’/Section 183 of ‘the BNSS’, as stated supra, hence, the chances of the petitioner tampering with evidence or threatening the victim or witnesses to dissuade them from revealing the facts of the case to the police. The 164 of ‘the 5 Dr. YLR, J Crl.P.No.7915 of 2025 Dated 30.08.2025 petitioner is a permanent resident of Damaramadugu Village, Buchireddypalem Mandal, SPSR Nellore District. It takes considerable length of time for the learned Trial Court to take up the matter for trial. Until such indefinite period, keeping the petitioner in judicial custody is not found to be convincing or reasonable. 9. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the petitioner, and the period of detention in the judicial custody, this Court is inclined to enlarge the petitioner on bail with some stringent conditions. i. The petitioner/Accused shall be enlarged on bail subject to he executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties for the like sum each to the satisfaction of the learned IV Additional Judicial Magistrate of First Class, Nellore, SPSR Nellore District. ii. The petitioner/Accused shall appear before the learned Trial Court on each and every adjournment. iii. The petitioner/Accused shall not leave the limits of the District without prior permission from the learned Trial Court, iv. The petitioner/Accused shall not commit or indulge in commission of any offence in future. f 6 Dr. YLR, J Crl.P.No.7915 of2025 Dated 30.08.2025 V. 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. Accordingly, the Criminal Petition is allowed. 10. SD/- K. KASIRAO ACHARI ASSISTANT^EGISTRAR SECTIO^OFFICER //TRUE COPY// To. 1. The IV Additional Judicial Magistrate of First Class, Nellore Nellore District. 2. The Station House Officer, V.Sataram Police Station, SPSR Nellore District. 3. One CC to Sri Srinivasa Rao Narra, Advocate [OPUC] 4. The Superintendent, Central Prison, Nellore, SPSR Nellore District. 5. Two CCs to Public Prosecutor, High Court of Andhra Pradesh 6. One spare copy SPSR [OUT] cvss / HIGH COURT Dr.YLR,J DATED:30/08/2025 BAIL ORDER CRLP.No.7915 of 2025 ALLOWED -jp: