APHC010394252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8004/2025 Between: KODAMANCHILI TAGORE BABU, S/O. SOMESWARA RAO, AGED ABOUT 21 YEARS, R/O. NARAYANAPURAM VILLAGE, UNGUTOOR MANDAL, ELURU DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT., THROUGH SHO, TANUKU TOWN PS, WEST GODAVARI DISTRICT 2. XXXXXX, RESPONDENT NO.2 IS IMPLEADED AS PER THE COURT ORDER DATED 03.09.2025 IN I.A.NO.1 OF 2025 IN CRL.P.NO.8004 OF 2025. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: D TARAKA PRASAD Counsel for the Respondent/complainant(S): 1. DAMODARA RAO THUNGANA 2. PUBLIC PROSECUTOR 2 Dr. YLR, J Crl.P.No.8004 of 2025 Dated 22.09.2025 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/Accused No.1 on bail in Cr.No.148 of 2025 of Tanuku Town Police Station, West Godavari District, registered against the petitioner/Accused No.1 herein for the offences punishable under Sections 65 (1), 78 (1)(i),79, 351 (2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’), Sections 3 and 4 of the Protection of Children from Sexual Offences (for brevity ‘the POCSO Act’), 2012. 2. The case of the prosecution is that on 10.07.2025 at about 04:00 P.M., the complainant reported that her daughter, the victim, aged about 15 years studying X Class and the accused, aged about 21 years had developed acquaintance with the victim over the phone. Under the pretext of love and affection, he used to meet her at her house. During the last week of February 2025, the accused is alleged to have sexually exploited the victim and thereafter threatened her not to reveal the incident to anyone. When the de facto complainant questioned the 3 Dr. YLR, J Crl.P.No.8004 of 2025 Dated 22.09.2025 parents of the accused, i.e., Accused Nos. 2 and 3, they threatened her, stating that they had nude photos which would be posted on social media. Hence, the case was registered against Accused Nos.1 to 3. 3. Sri D.Taraka Prasad, the learned counsel for the petitioner contends that the petitioner is innocent of the alleged offence and he has been falsely implicated by the police. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. It is further submitted that the petitioner is aged about 21 years, he has been suffering from dumbness and deafness. He was arrested on 12.07.2025 and he has been in judicial custody for the past 69 days. In light of the foregoing submissions, learned counsel prays that the present petition be allowed in the interest of justice. 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 is still underway and several material witnesses remain to be examined. It is contended that if the petitioner is released on bail at this stage, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law, and it is urged to dismiss the petition. 4 Dr. YLR, J Crl.P.No.8004 of 2025 Dated 22.09.2025 5. On the other hand, Sri Damodara Rao Thungana, the learned Legal Aid Counsel for Respondent No.2, reiterating the arguments of the learned Assistant Public Prosecutor, submits that if the petitioner is enlarged on bail at this stage, while the investigation is still in its nascent stage, there is a possibility of danger to the person and reputation of the victim/Respondent No.2. Therefore, it is urged that the petition be dismissed. 6. Heard the learned counsel for the petitioner, the learned Legal Aid Counsel and the learned Assistant Public Prosecutor. Perused the record. 7. As seen from the record, the allegation against the petitioner/Accused No.1 is that he committed penetrative sexual assault on the victim girl, who is about 15 years old. The mother of the victim lodged a report. Although the offence occurred in February 2025, the report was filed in July 2025. The statement of the victim under Section 164 of ‘the Cr.P.C.,’ / Section 183 of ‘the BNSS’ is yet to be recorded. The petitioner was arrested on 12.07.2025 and he has been in judicial custody for the past 69 days. The investigation is at a progressive stage. At this stage, enlarging the petitioner on bail would not only hamper the 5 Dr. YLR, J Crl.P.No.8004 of 2025 Dated 22.09.2025 investigation but also pose a substantial threat to the life and limb of the victim/respondent No.2. 8. Considering the facts and circumstances of the case, there are no merits to grant bail to the petitioner/Accused No.1. Hence, this Criminal Petition is liable to be dismissed. 9. In the result, the Criminal Petition is dismissed. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 22.09.2025 RSI 6 Dr. YLR, J Crl.P.No.8004 of 2025 Dated 22.09.2025 142 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.8004 of 2025 Date:22.09.2025 RSI