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2025 DAILYLAW 5449 (AP)

Vemula Krishna @ Kiran Kumar v. State of Andhra Pradesh,

CRLP/953/2025 · 2025-02-07

K Sreenivasa Reddy

body2025

Judgment text

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1 APHC010046462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 953 of 2025 Between: Vemula Krishna @ Kiran Kumar ...PETITIONER/ACCUSED AND State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. M SOLOMON RAJU Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following Order: 1. The Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is filed on behalf of the petitioner/accused No.1 seeking regular bail in Crime No.658 of 2024 of Ibrahimpatnam Police Station, Vijayawada. 2 2. A case has been registered against the petitioner herein for the offence punishable under Section 376 (3) IPC and Section 89 of BNS, 2023 and Section 6 of the POCSO Act. 3. Case of the prosecution is that, the alleged offence took place prior to 27.12.2024 at Ambedkar Nagar, near DAV School, Kondapalli. Accused is the maternal uncle by relation to the victim girl, aged about 14 years. Accused used to work as a Pastor. Whenever, the accused used to come to Kondapalli, for attending prayer in the church of victim girl’s maternal uncle Raj Kumar, the accused used to sleep in the house of victim girl and in Raj Kumar’s house and the daughter of the accused is close friend to the victim girl and the accused used to propose her and moved closely with her. In the month of January, 2024, the victim girl attained puberty and since then, the accused moved very closely with her and in the third week of February, 2024, the accused forcibly committed penetrative sexual assault against her without her consent and since then, he repeatedly committed penetrative sexual assault against her and finally he met physically with the victim girl in the month of August, 2024 and since April onwards, the victim girl missed her periods and on observing her, her patents took her to Anu Hospital, Mylavaram, where the Doctors examined her and 3 confirmed that she is pregnant and did abortion on 26.12.2024, which resulted severe bleeding. Then, her parents joined the victim girl at Prashanthi Hospital, Vijayawada. 4. Heard both sides. 5. A perusal of the material goes to show that, the petitioner herein allegedly committed sexual assault against the victim girl who is aged about 14 years. As a result, the victim girl became pregnant and her pregnancy was aborted on 26.12.2024. Learned Assistant Public Prosecutor submits that the investigation is still in progress and he opposed granting of bail to the petitioner. 6. In view of the facts and circumstances, and considering the stage of the investigation, this court is not inclined to enlarge the petitioner on bail, at this stage. 7. Accordingly, the Criminal Petition is dismissed. _____________________________ JUSTICE K. SREENIVASA REDDY Dated 07th February, 2025 PKR 4 THE HON’BLE SRI JUSTICE K.SREENIVASA REDDY CRIMINAL PETITION NO: 953/2025 Dated 07th February, 2025 PKR