APHC010328262026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE 22nd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5255/2026 Between: PAINAM MAHESH ALAIS PYNAM MAHESH ALAIS CHINTU, S/O. SRINIVASA RAO, AGED 19 YEARS,R/O. K THAKKELLAPADU VILLAGE,NAGULUPPALAPADU MANDAL,PRAKASAM DISTRICT - 523 212 ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, STATION HOUSE OFFICER,J. PANGULURU POLICE STATION, REP.BY ITS PUBLIC PROSECUTOR,HIGH COURT OF A.P AT AMARAVATI. 2. VICTIM, VICTIM ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: YADAVALLI RAMESH Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. MALIREDDY GOWTHAM 3. LEGAL AID 2 Dr.YLR,J Crl.P.No.5255 of 2026 Dated 22.09.2026 The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’), seeking to enlarge the petitioner/accused on bail in Crime No.11 of 2026 of J.Pangulur Police Station, Prakasam District, registered against the petitioner/accused for the offences punishable under Sections 137(2), 87, 351(2), 79 of the Bharatiya Nyaya Sanhita, 2023 (for brevity, ‘the BNS’) and Section 12 read with 11(iv) read with 11(v) of the Protection of Children from Sexual Offences Act, 2012 (for brevity ‘the POCSO Act’). 2. The case of the prosecution is that on 19.02.2026 at about 05.00 a.m., the accused allegedly went to the complainant’s house at Nujellapalli Village and took away her minor daughter, aged about 17 years, by threatening her. It is further alleged that the accused had earlier harassed the minor girl by threatening her to love and marry him, for which a criminal case was registered against him, and even after his release from custody, he continued to harass and threaten her. On coming to know that the minor girl had been taken to Guntur, the complainant and her family members went there and brought her back, whereupon the minor girl allegedly stated that the accused had forcibly taken her away by threatening her. Hence, the complainant lodged a report before J.Panguluru Police Station seeking necessary action against the accused. 3 Dr.YLR,J Crl.P.No.5255 of 2026 Dated 22.09.2026 3. Mr. Yadavalli Ramesh, the learned counsel for the petitioner, submits that the petitioner is innocent of the alleged offences and has been falsely implicated in the present case due to communal differences. He submits that the present FIR is a second FIR on the same set of facts, as an earlier case had already been registered against the petitioner, and therefore, the continuation of the present proceedings is impermissible. He further submits that there is an unexplained delay of 13 days in lodging the report, which creates serious doubt regarding the prosecution version. It is also contended that the ingredients of Section 87 of ‘the BNS’ are not attracted to the facts of the case and that the allegations do not require any custodial interrogation or recovery from the petitioner. The learned counsel further submits that the petitioner has no criminal antecedents, is a permanent resident, is not a flight risk, and is ready to cooperate with the investigation and abide by any conditions imposed by this Court. He therefore seeks grant of pre-arrest bail to the petitioner. 4. Per contra, Mr. A. Sai Rohit, the learned Assistant Public Prosecutor, vehemently opposed the grant of pre-arrest bail to the petitioner. He submitted that the allegations against the petitioner are serious in nature. It is submitted that the victim is a minor girl aged about 17 years and the petitioner is alleged to have taken her away by threatening her. The learned Assistant Public Prosecutor further submitted that the investigation is still in progress and that custodial interrogation of the petitioner may be 4 Dr.YLR,J Crl.P.No.5255 of 2026 Dated 22.09.2026 necessary. It is also submitted that there is a previous criminal case against the petitioner involving the same minor girl. Hence, it is urged that the bail petition be dismissed. 5. Mr. Malireddy Gowtham, the learned Legal Aid Counsel appearing for Respondent No.2/victim, opposed the petition and submitted that the petitioner had earlier harassed and threatened the minor victim, for which a criminal case was already registered against him. It is submitted that, despite his release from custody, the petitioner again went to the victim’s house and took her away by threatening her. The learned counsel further submitted that the victim is a minor girl aged about 17 years and that the allegations disclose the commission of serious offences. It is also submitted that the petitioner may influence or threaten the victim and her family members if granted pre-arrest bail. Hence, the learned Legal Aid Counsel sought dismissal of the petition. 6 Heard the learned counsel for the petitioner, the learned Assistant Public Prosecutor, and the learned Legal Aid Counsel appearing for Respondent No.2. Perused the material available on record. 7. As seen from the record, the petitioner is aged about 19 years and is at an impressionable age. Respondent No.2/victim is also aged about 17 years and is at an impressionable age. As per the version of the mother of the victim, the petitioner/accused had induced the victim and taken her away under the guise of marriage. The statement of the victim was 5 Dr.YLR,J Crl.P.No.5255 of 2026 Dated 22.09.2026 recorded by the learned Magistrate under Section 164 of ‘the Cr.P.C.,’/Section 183 of ‘the BNSS’ wherein she has not fully supported the version of her mother. 8. The learned counsel for the petitioner submits that the victim girl got married to another person and is presently living with him. This Court, vide order dated 25.08.2026, granted an interim order directing the Investigating Officer not to arrest the petitioner, subject to the condition that the petitioner shall cooperate with the investigation and the Investigating Officer shall proceed with the investigation in accordance with law. Pursuant to the said direction, the petitioner appeared before the Investigating Officer and cooperated with the investigation. So far, seven witnesses have been examined and a substantial portion of the investigation has been completed. The material witnesses have already been examined. The petitioner is a permanent resident of Prakasam District and has got fixed abode. 9. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the petitioner/accused, this Court is inclined to enlarge the petitioner/accused on pre-arrest bail with some stringent conditions. 10. In the result, the Criminal Petition is allowed with the following stringent conditions: 6 Dr.YLR,J Crl.P.No.5255 of 2026 Dated 22.09.2026 i. In the event of the arrest of the Petitioner, the petitioner/Accused shall be enlarged on bail by executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) with two sureties for the like sum to the satisfaction of the arresting police officials; ii. The petitioner/Accused shall make himself available for investigation as and when required; iii. The petitioner/Accused shall not cause any threat, inducement or promise to the prosecution witnesses iv. The petitioner/Accused shall appear before the Station House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet. v. The petitioner/Accused shall not leave the limits of the State of Andhra Pradesh without the express permission from the Station House Officer concerned. vi. The petitioner/Accused shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court. 7 Dr.YLR,J Crl.P.No.5255 of 2026 Dated 22.09.2026 vii. The Petitioner/Accused shall surrender his passport, if any, to the Investigating Officer. If he claims that he does not have passport, he shall submit affidavit to that effect to the Investigating Officer. _________________________ DR. Y. LAKSHMANA RAO, J Date: 22.09.2026 RSI 8 Dr.YLR,J Crl.P.No.5255 of 2026 Dated 22.09.2026 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5255 of 2026 Date: 22.09.2026 RSI