APHC010602062024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO.27 OF 2025 Between: Suragani Buchibabu @ Buchiyya Raju ...PETITIONER/ACCUSED AND State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. SIVA SANKARA RAO BORRA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following ORDER: This Criminal Petition, under Sections 437 and 439 of Cr.P.C., has been filed by the petitioner/A2, seeking regular bail, in POCSO SC No.131 of 2022 on the file of the Special Court for Speedy Trial of Offences under the POCSO Act, 2012, at Eluru, arising out of Crime No.80 of 2022 of Tadepalligudem Rural 2 Police Station, registered for the offences punishable under Sections 376(2)(f)(n) and 376(3) of IPC and Section 5(1) read with 6 of the Protection of Children from Sexual Offences Act, 2012. 2. Case of the prosecution, in brief, is that, the victim minor girl/de facto complainant is aged about 13 years and studying 8th class. In her childhood, her mother discarded A1 and went away along with her younger sister leaving herself and her brother with their father/A1. The victim matured on 07.05.2021. After that, on 01.06.2021, at about 10.00 PM, A1 came to the house in a drunken state and committed penetrative sexual assault upon the victim against her will and consent. When the victim informed the same to A2, he beat A1. But, later taking advantage of her ignorance, innocence and loneliness, A2 committed penetrative sexual assault upon the victim for two times and later A1 committed penetrative sexual assault upon the victim for several times. Basing on the report given by the victim, the present case was registered against the accused. 3. Learned counsel for the petitioner/A2 submits that the petitioner is innocent and he was falsely implicated in the 3 present case. The petitioner herein was remanded to judicial custody on 13.11.2024 and since then he is in judicial remand. 4. On the other hand, learned Assistant Public Prosecutor submits that after obtaining bail, petitioner absconded for a period of six months and subsequently he was produced by the police on execution of NBW issued against him and he was remanded to judicial custody on 13.11.2024. He further submits that now the case is coming up for fixing trial schedule. 5. Heard. Perused the record. 6. A perusal of the material on record goes to show that initially the petitioner herein was arrested and released on bail as per the orders of the trial Court in Crl.MP No.392 of 2022, dated 24.05.2022 and, subsequently, when he failed to attend the Court on 02.05.2024, NBW was issued against him. He absconded for a period of six months. On 13.11.2024, the petitioner herein was produced by the police on execution of NBW and he was remanded to judicial custody on the same day. Since then, he is in judicial remand. The case is coming up for fixing trial schedule. Considering the facts and circumstances of 4 the case, stage of the case and gravity and nature of the alleged offences, this Court is not inclined to grant bail to the petitioner herein at this stage. 7. Accordingly, the Criminal Petition is dismissed. _______________________ K. SREENIVASA REDDY, J Dated:27.01.2025 Nsr 5 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Criminal Petition No.27 of 2025 Dated:27.01.2025 Nsr