1 APHC010002922026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 194/2026 Between: 1. PALLESHETI MAHESH, D.NO.12-49, NEHRU NAGAR, RAMAVARAPADU, VIJAYAWADA. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, NELAPADU, AMARAVATHI. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. CHENNAPPAGARI SANKARA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 194 OF 2026 ORDER:- The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused on bail in Crime No.329 of 2025 of Patamata Police Station, Vijayawada, registered against the Petitioner/Accused herein for the offence punishable under Sections 78(1)(i), 308(2), 351(3) of BNS and Section 137(2), 64(1) of BNS, Section 6 of POCSO Act. 2. Heard Mr. Chennappagari Sankara, the learned Counsel for the Petitioner and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor. 3. The case of the prosecution, in brief, is that the petitioner/accused, who is an auto driver from Hanuman Nagar, Ramavarappadu, developed acquaintance with the victim girl, aged about 13 years during Vinayaka Chavithi festival, 2024. With his deceitful words, on the pretext of marriage, he used to take her in his auto. On 09.06.2025 at 10.00 am, accused took the victim on his scooter to his aunt’s house at Hanuman Nagar and committed penetrative sexual assault against her, on the pretext of marriage. Again on 18.06.2025, at 6.00 p.m., accused took her out again and that night brought her to Vijayawada Railway Station, from there boarded a train to Visakhapatnam and on 19.06.2025, accused took the victim to his uncle’s 3 house at Gopalapatnam, Vizag and again he committed penetrative sexual assault against her. ON 20.06.2025, they left Vizag and returned to Vijayawada on that night and he dropped the victim near Ramavarappadu and told her to return home. In this connection, initially FIR was registered under the head of girl missing and after tracing the victim girl on 20.06.2025, basing on the report of mother of the victim girl, case was altered to Sections 137(2), 64(1) of BNS, Section 6 of POCSO Act. 4. Learned counsel for the petitioner would submit that the petitioner is innocent and he is falsely implicated in this case. The petitioner is sole bread winner of his family and his mother is seriously affected and fell sick and the petitioner has to take care of her and look after her. The petitioner married in the month of March, 2025. The in-laws of the petitioner are suspecting the safety of their daughter i.e., the wife of the petitioner/accused and his life became pathetic for no fault on his part. The petitioner was in judicial custody since 23.06.2025. The investigation is completed, charge sheet is filed and the same was numbered. The learned counsel would further submit that the petitioner is ready to furnish sufficient sureties to the satisfaction of the Court to secure his presence during the course of trial. 5. Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor, vehemently opposed the petition and would submit that the petitioner is released on bail, there is every likelihood of influencing the victim and other 4 witnesses and tampering with the evidence, and therefore prayed for dismissal of the petition. 6. Considering the submissions made, and having regard to the gravity and nature of the offence and the allegations against the petitioner/accused, which are heinous in nature, this Court is not inclined to release the petitioner on bail at this stage, as there exists every possibility of influencing the victim and the witnesses and tampering with the evidence. 7. In the result, the criminal petition is dismissed. ___________________________________ DR.VENKATA JYOTHIRMAI PRATAPA, J Date: 27.01.2026 S D P 5 161 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 194 OF 2026 27.01.2026 S D P