APHC010491242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9672/2025 Between: POLINA SAI SRAVAN KUMAR @ SRAVAN KUMAR, S/O P SREERAMULU NAIDU, AGED ABOUT 34 YEARS, OCC INDIAN COAST GUARD, R/O 4-19/A, SRI KRISHNA NAGAR, 2ND CROSS, TIRUPATHI CITY AND DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PUBLIC PROSECUTOR, THROUGH STATION HOUSE OFFICER RIY KODUR POLICE STATION, KADAPA (ANNAMAYYA) DISTRICT. 2. MACHINA PAVITHRA, , W/O POLINA SAI SRAVAN KUMAR D/O MACHINA NARAYANA, AGED ABOUT 30 YEARS, R/O 1ST STREET, NTR NAGAR, RIY KODUR TOWN AND MANDAL, ANNAMAYYA DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: AYESHA AZMA S Counsel for the Respondent/complainant(S): 1. B SARVOTHAM REDDY 2. PUBLIC PROSECUTOR 2 Dr. YLR, J Crl.P.No.9672 of 2025 Dated 17.10.2025 The Court made the following: ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the petitioner/Accused No.1 for granting of bail in connection with Crime No.257 of 2025 of Railway Kodur Police Station, Annamayya District, which was registered for the alleged offences punishable under Sections 85, 91 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’), Sections 3 and 4 of the Dowry Prohibition Act and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 20121. 2. The case of the prosecution is that on 05.08.2025 at 04:30 P.M., the accused, who is the son of A2 and A3 and brother of A4, married the complainant on 25.01.2015 after taking a dowry of 20 tulas of gold, Rs.9 lakh cash, and some other valuables from the parents of the complainant. After the marriage, when the complainant was pregnant, the accused A1 harassed her, and due to such harassment, she suffered two miscarriages. Later, during her third pregnancy, she gave birth to a female child in the year 2019. Since then, the accused No.1 has been harassing the complainant indiscriminately for giving birth to a 1 The POCSO Act 3 Dr. YLR, J Crl.P.No.9672 of 2025 Dated 17.10.2025 female child and has been demanding additional dowry from her parents. The accused No.1 used to move around in the house without clothes before the complainant and their daughter in a psychotic manner and used to consume alcohol. Further, the accused sexually assaulted their daughter, aged about four years, by removing her clothes, kissing her chest, and licking her private parts. When the complainant informed the same to Accused No.2, she consoled her. Thereafter, the accused Nos.2 to 4 did not support the complainant and drove her out of their house, continuing to demand additional dowry and other valuables. 3. Ms. Ayesha Azma, 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 learned counsel for the petitioner submits that he has not committed any offence on the victim girl, who is his daughter. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. The petitioner is a permanent resident of Sri Krishna Nagar, 2nd cross, Tirupati City and District. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in order to take vengeance against him and his relatives, and that the de facto complainant has used the victim child as a pawn in this process. In light of the foregoing submissions, the 4 Dr. YLR, J Crl.P.No.9672 of 2025 Dated 17.10.2025 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 to grant 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. His release on bail would harm the life and limb of the de-facto complainant and her daughter. In view of the foregoing submissions, it is urged that the petition be dismissed. 5. On the other hand, Sri B.Sarvotham Reddy, the learned counsel for the respondent No.2, 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 counsel for the respondent No.2 and the learned Assistant Public Prosecutor. Perused the record. 7. As seen from the record, the allegation against the petitioner is that, he being the biological father of the victim, a four-year-old child, 5 Dr. YLR, J Crl.P.No.9672 of 2025 Dated 17.10.2025 committed a sexual assault on her, constituting offences under Sections 8 and 12 of ‘the POCSO Act’. It is also alleged that the petitioner harassed his wife and subjected her to cruelty for additional dowry. After a thorough investigation, a charge sheet has been filed. The accusation is well-founded against the petitioner. Hence, the request for grant of bail is rejected. The petitioner was arrested on 11.08.2025 and he has been in judicial custody for the past 63 days. There are videos and photographs relating to the alleged intolerable behaviour of the petitioner. 8. Considering the facts and circumstances of the case, there are no merits to grant bail to the petitioner. 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: 17.10.2025 RSI 6 Dr. YLR, J Crl.P.No.9672 of 2025 Dated 17.10.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.9672 of 2025 Date:17.10.2025 RSI