Extracted from the PDF above. The PDF is authoritative.
APHC010571372025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11136/2025 Between:
1. KAMPA SURESH, S/O BHUDEVAIAHHINDU, AGED ABOUT 42 YEARS. OCCUPATION COOLI LABOURERR/O MANGALIKATTA PEDDURU, BUCHIREDDYPALEM VILLAGE MANDALSPSR NELLORE DISTRICT.
...PETITIONER/ACCUSED AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESHTHROUGH THE SUB-INSPECTOR OF POLICE, BUCHIREDDYPALEM URBAN POLICE STATION, SPSR NELLORE DISTRICT.
2. THE VICTIM GIRL, T
...RESPONDENT/COMPLAINANT(S): 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 Courtpleased to grant Anticipatory Bail to the petitioner in the event of his arrest in connection with Crime No. 88 of 2025 of Santhakaviti Police Station, Vizianagaram and to pass
Counsel for the Petitioner/accused:
1. AMANCHARLA SATISH BABU Counsel for the Respondent/complainant(S):
1. RAVURI LEELA SAI SAMPATH
2 The Court made the following:
ORDER:
This instant Criminal Petition is filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the Petitioner/Accused No.1 for enlargement of the Petitioner/Accused on bail, in connection with Crime No.140 of 2025 of Buchireddypalem Police Station, SPSR Nellore District, registered for the offences punishable under Sections 64(1), 351(2)(3) of BNS, 2023 and Section 4 read with 3(a) of POCSO Act, 2012.
The brief facts of the case are that the Petitioner and the victim girl are relatives and that on 20.06.2025, the victim girl went to the house of the Petitioner. Immediately, Petitioner closed and bolted the door and committed penetrative sexual assault on her. Further, Petitioner allegedly threatened the victim girl to kill her parents, if she reveals the incident to anybody. Knowing the incident, the mother of the victim girl/defacto Complainant gave a report to the Police, which is registered as a case in Crime No.140 of 2025.
Heard Sri A.Satish Babu, learned counsel for the Petitioner and learned Assistant Public Prosecutor for respondent State. Perused the material on record.
Learned counsel for the Petitioner would submit that the Petitioner is innocent of the offence and he is falsely implicated in the above case without there being any direct evidence. Learned counsel would further submit that the Petitioner moved a petition seeking regular bail in Crl.M.P.No.805 of 2025, wherein the learned Special Judge for Speedy Trial of Offences under POCSO Act, 2012, Nellore, after hearing both parties, by Order dated 19.09.2025
3 dismissed the said petition. Learned counsel would submit that Petitioner is the permanent resident of SPSR Nellore and requested to grant bail to the Petitioner.
On the other hand, learned Assistant Public Prosecutor on instructions, would submit that Petitioner/Accused involved in several other criminal cases which also includes a POCSO case and if the petitioner is released on bail, his presence could not be secured and there is every chance of tampering with the prosecution witnesses. Learned Assistant Public Prosecutor would submit that the investigation is under progress.
As rightly put by learned Assistant Public Prosecutor that the accusation levelled against the Petitioner is grave in nature. The petitioner is a married person and the victim is his relative. Taking advantage of the same, the petitioner committed heinous offence which cannot be endured. Admittedly, petitioner is involved in several other criminal cases which includes a POCSO case. The apprehension of the prosecution is that if he is released on bail, there is every likelihood of the petitioner tampering with prosecution witnesses.
Viewed from any angle, it is not a fit case to grant bail to the Petitioner.
Accordingly, this Criminal Petition is dismissed.
Pending applications, if any, shall stands closed.
Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA 20.01.2026 Mjl/*
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Criminal Petition No. 11136 of 2025
20.01.2026
Mjl/*