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APHC010591682024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327]
MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE
PRESENT THE HONOURABLE SRI JUSTICE K.SREENIVASA REDDY
CRIMINAL PETITION NO.9583 OF 2024
Between:
Shaik Nowshad ...PETITIONER/ACCUSED
AND
The State of AP Rep. by its PP ...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused:
1. Shaik Omer Qaiyum
Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR
The Court made the following ORDER:
This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/Accused, seeking regular bail, in Crime No.231 of 2024 of Naidupet Police Station, Tirupati district.
2. A case has been registered against the petitioner herein for the offences punishable under Sections 65(2) of the
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Bharatiya Nyaya Sanhita, 2023 and Section 6 read with 5(m) of the Protection of Children from Sexual Offences Act, 2012.
3. Case of the prosecution, in brief, is that the victim girl, aged about 8 years, is the daughter of the de facto complainant and studying 3rd standard. The petitioner/accused is running an aquarium shop at Chinna Darga, Naidupet. On 04.08.2024, at about 08.00 PM, while the victim girl was playing in the street, the petitioner/accused taken the victim girl to her school on his bicycle and inside the school he undressed the victim girl and he also undressed himself and committed aggravated penetrative sexual assault on the victim girl. When the victim girl raised cries due to pain, one Balu went there and beat the petitioner/accused. Basing on the report of the de facto complainant i.e., the mother of the victim girl, the present case has been registered against the accused.
4. Heard. Perused the record.
5. The accusation against the petitioner/accused is grave in nature, where taking advantage of innocence and tender age of the victim girl, aged about eight (8) years, he allegedly took the victim girl to the school and committed aggravated penetrative sexual assault on the victim girl forcibly, which is heinous
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offence. Learned Assistant Public Prosecutor submitted that the investigation is not yet completed.
6. In view of the aforesaid facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner/Accused.
7. Accordingly, the Criminal Petition is dismissed.
_______________________ K. SREENIVASA REDDY, J Dated:06.01.2025 Nsr
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HON’BLE SRI JUSTICE K. SREENIVASA REDDY
Criminal Petition No.9583 of 2024
Dated:06.01.2025 Nsr