APHC010069202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1497/2025 Between: 1. THE STATE OF ANDHRA PRADESH, THROUGH THE STATION HOUSE OFFICER, NUZIVIDU RURAL PS, KRISHNA DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF A.P., AMARAVATI. ...PETITIONER/ACCUSED AND 1. MIRIYALA JAYA RAO, S/o. Peda Ramaiah, aged 33 years R/o. Tummurkota Village, Renta Chintala (M), Palnadu District. ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtmay be pleased to cancel the Bail granted to the Respondent/Accused in CrI.M.P.No. 11 of 2025 dated 23.01.2025 on the file of Hon’ble Special Judge for Speedy Trial of Offences under Protection of Children from Sexual Offences (POCSO) Act, 2012 at Machilipatnam IA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to suspend the Order dated 23.01.2025 passed in CrI.M.P.No. 11 of 2025 in Spl.S.C. No. 88 of 2024 on the file of Hon’ble Special Judge for Speedy Trial of Offences under Protection of 2 Children from Sexual Offences (POCSO) Act, 2012 at Machilipatnam and to pass Counsel for the Petitioner/accused: 1. PUBLIC PROSECUTOR Counsel for the Respondent/complainant: 1. PARDHA SARADHI A V 2. LEGAL AID The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1497/2025 Order: This Criminal Petition has been filed under Section 483(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), by the petitioner/complainant seeking to cancel the bail granted to the respondent/accused in Crl.M.P.No.11 of 2025 on 23.01.2025 in Spl.S.C.No.88/2024 on the file of the learned Special Judge for Speedy trial of offences under the Protection of Children from Sexual Offences Act, 2012, Krishna at Machilipatnam. 2. Heard the learned Assistant Public Prosecutor representing the State/Complainant and Sri A.V. Pardha Saradhi, learned Legal Aid Counsel appearing for the respondent/accused. 3. Learned Assistant Pubic Prosecutor would submit that the present petition is filed seeking cancellation of bail granted to the respondent/accused on the ground that the learned trial Court granted bail without imposing stringent conditions. It is further submited that the accused is a lorry driver and, therefore, it would be difficult for the prosecution to secure his presence during the course of trial. 4. Learned counsel appearing on behalf of the respondent/accused would submit that the respondent/accused has complied with the conditions imposed by the Court while granting bail. 4 5. As could be seen from the impugned order granting bail to the respondent/accused, the learned Judge directed the accused to appear before the S.H.O., Nuzvid Rural Police Station on every Saturday and Sunday from 10.00 A.M. to 02.00 P.M. for a period of four months. The said period of four months has already lapsed by May, 2025. The respondent/accused is also facing trial in S.C.No.291 of 2021 on the file of the learned Special Court for Speedy Trial of Offences under the Protection of Children from Sexual Offences (POCSO) Act, 2012, Guntur. As per the report received from the learned Special Judge for Speedy Trial of Offences under the Protection of Children from Sexual Offences (POCSO) Act, 2012, Machilipatnam, the case in Spl.S.C.No.88 of 2024 is coming up for cross-examination of P.Ws.14 and 16. In S.C.No.291 of 2021, the matter is posted for orders in Crl.M.P.No.17 of 2026 filed to receive the date of birth certificate of victim/P.W.3, and the case is posted to 19.02.2026. 6. Learned counsel for the respondent/accused would submit that the present application is filed seeking cancellation of bail mainly on the apprehension that the presence of the accused may not be secured after completion of trial in the two cases. Learned counsel for the respondent/accused would further submit that there are no circumstances warranting cancellation of bail, however, this Court may impose any further stringent conditions, if necessary. 5 7. Learned Assistant Public Prosecutor would submit that this Court may pass appropriate orders by imposing additional conditions till disposal of the cases in Spl.S.C.No.88 of 2024 and S.C.No.291 of 2021. 9. In the light of the above circumstances, this Court deems it appropriate to impose an additional condition. Accordingly, the respondent/accused is directed to appear before the S.H.O., Nuzvid Rural Police Station on every Wednesday and Sunday between 10.00 A.M. and 05.00 P.M., till disposal of the above cases. Further, the learned trial Courts is directed to dispose of the cases in Spl.S.C.No.88 of 2024 and S.C.No.291 of 2021 as expeditiously as possible. 10. Accordingly, with the above directions, the Criminal Petition is disposed of. ________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 23.02.2026 ARB 6 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1497 of 2025 Date: 23.02.2026 ARB