il \ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAtl WEDNESDAY , THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX iPRESENT: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9581 OF 2025 Between: Bodi Venkata Mastan Rao, S/o. Venkat Rao, Aged about 44 years, Occ NIL, R/o. Flat No. 302, Chandrakala heights, Brundavanam Colony, Bypass Road, Near Siva Krishna Theatre, Kondapalli, Ibrahimpatnam'; NTR District, A.P. ...Petitioner/Accused No.1 AND 1. THE STATE OF ANDHRA PRADESH, Rep. by Station House Officer, Ibrahimpatnam PS, Vijayawada NTR Commissionerate, Rep by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi. ...Respondent/Complainant 2. Mother of the Victim ...Respondent/ De-facto Complainant Petition under Sections 437 and 439 of Criminal Procedure Code, praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused No.1 on Regular Bail in Cr. No. 164 of 2025 dated 06/04/2025 of Ibrahimpatnam PS, Vijayawada The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of P S P SURESH KUMAR Advocate for the Petitioner, Sri Tt Praveen Kumar (Legal Aid) for Respondent No.2 and PUBLIC PROSECUTOR for the Respondent No.1 and the Court made the following. 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9581 OF 2025 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. 164 of 2025 of Ibrahimpatnam Police Station, Vijayawada, NTR Commissionerate, registered against the Petitioner/Accused herein for the offence punishable under Sections 65(2) of Bharatiya Nyaya Sanhita, 2023 (for short ’BNS’) and Section 6 of Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’). 2. The case of the prosecution, in brief, is that the victim girl is aged 6 years and the accused taking advantage of her loneliness in her house at Kondapalli Village, Ibrahimpatnam Mandal on 06.04.2025 at 6.30 p.m., when the victim is playing inside in her house, accused came and removed her drawer, he unzipped his pant, he put his urinal part into her urinal part and the victim is suffering with pain and there is a swelling at her urinal part. In this connection, a case was registered as FIR in Crime No. 164 of 2025 of Ibrahimpatnam Police Station. 3. Heard Mr. Bodi Venkata Mastan Rao, learned counsel for the Petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor, representing the State/Respondent. 3 4. Learned counsel for the Petitioner/Accused would submit that the petitioner is innocent and he is falsely implicated in this case. The petitioner was arrested on 11.04.2025 and produced before IV Additional Judicial Magistrate of First Class Court at Vijayawada and on enquiry made by the learned Court, the petitioner is unable to say even his name and he is not responding, hence he was sent for medical examination and the report of civil surgeon stated that he is diagnosed with mental retardation or intellectual disability disorder and again he was produced before the same Court on 14.04.2025 and sent to Government Hospital for mental care. Visakhapatnam for further care and treatment for a period of 10 days and after completion of period of assessment, he was produced before this Court along with report on 23.04.2025 for further order in accordance with the provisions of Section 102(2) of Mental Health Care Act, 2017 and the Court below directed to examine the petitioner as per Section 102 of Mental Health Care Act, 2017, for treatment and for submission of detailed assessment report within 10 days and again on 05.05.2025, along with the medical report, he was produced before the Court and the Superintendentof Government Hospital for Mental Care, Visakhapatnam gave report stating that no further inpatient treatment is required to the petitioner and sincen then the petitioner is in judicial custody till date. Learned counsel would finally submit that the Petitioner is mentally disabled person. Hence, prayed to enlarge the Petitioner on bail. 4 Learned Assistant Public Prosecutor opposed for granting bail stating that investigation is not completed in this crime and Court may pass appropriate Orders. 5. 6. The parents of the petitioner appeared before this Court and submitted that they are fully willing and ready to take care of their son and assured that they would look after him properly and that no such incidents would occur in the future. Considering the submissions made and upon a careful perusal of the material available on record, it is evident that the petitioner has been suffering from mental disability since childhood, with 75% permanent disability due to congenital mental retardation. The said disability is certified by the Medical Board, Government General Hospital, Vijayawada, vide certificate dated 24.11.2023 and same is placed on record. The mental condition of the petitioner is not comparable to that of a normal person, and the medical records clearly disclose that he is suffering from a mental disorder, is unable to attend to his personal needs independently, and requires continuous care, supervision, regular check-ups, and treatment. The investigation has been completed and there is no likelihood of tampering with the evidence. The petitioner was arrested on 11.04.2025 and has been in judicial custody since then. The period of interrogation is also over. Taking into consideration the period of detention already undergone by the petitioner/accused in judicial 7. I i 5 I custody, along with the undertaking given by the parents of the petitioner to look after him at all times, i.e., 24/7, and to ensure that no untoward incident occurs in the future and that no person suffers due to the behaviour of the petitioner, this Court is inclined to enlarge the petitioner on bail. 8. In the result, the Criminal Petition is allowed with the following conditions: i. The Petitioner/Accused shall be released on bail on his executing a personal bond for Rs. 10,000/- (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the learned Special Judge for Speedy Trial of Offences under Protection of Children from Sexual Offences Act, Vijayawada. ^ON OFFICER SEC //TRUE COPY// To, 1. The Special Judge for Speedy Trial of Offences under Protection of Children from Sexual Offences Act, Vijayawada. The Superintendent,Central Prison, Nellore. SPSR Nellore District. The Station House Officer, Ibrahimpatnam PS, Vijayawada.-^ One CC to P S P SURESH KUMAR Advocate [OPUC] One CC to PRAVEEN KUMAR TADISETTI (Legal Aid) Advocate [OPUC] Two CC to . PUBLIC PROSECUTOR, High Court of A.P.,Amaravati [OUT] One spare copy 2. 3. 4. 5. 6. 7. YS \ t, I HIGH COURT DR.VJPJ DATED:04/02/2026 BAIL ORDER CRLP.No.9581 OF 2025 i i i ALLOWED