APHC010642762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12382/2025 Between: 1. AMBI CHENGAIAH, S/O SUBBA RAO HINDU, AGED ABOUT 47 YEARS, PETTY STREET VENDOR R/O A.S PURAM, KOTA VILLAGE AND MANDAL, TIRUPATI DISTRICT. PRESENTLY RESIDING AT VIJAYAPURA, DEVANAHALLI ROAD, CHIKBALLAPUR BANGALORE, KARNATAKA. 2. AMBI BHAGYALAKSHMI ALIAS BHAGYAMMA, W/O AMBI CHENGAIAH HINDU, AGED ABOUT 37 YEARS, PETTY STREET VENDOR R/O A.S PURAM, KOTA VILLAGE AND MANDAL, TIRUPATI DISTRICT. PRESENTLY RESIDING AT VIJAYAPURA, DEVANAHALLI ROAD, CHIKBALLAPUR, BANGALORE, KARNATAKA. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH THROUGH THE SUB-INSPECTOR OF POLICE, BUCHIREDDYPALEM URBAN POLICE STATION, SPSR NELLORE DISTRICT. 2. THE VICTIM GIRL, THE VICTIM GIRL ...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 Court pleased to Grant anticipatory bail to the Applicants (A5, and A6) in Cr. No. 116/2025 of Buchireddypalem Urban 2 Police Station, directing that in the event of their arrest, they be released on bail, subject to any conditions deemed fit by this Hon'ble Court and pass Counsel for the Petitioner/accused(S): 1. AMANCHARLA SATISH BABU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12382/2025 ORDER : The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity „the BNSS‟) by the Petitioners/Accused No.5 & 6 for granting of pre-arrest bail in connection with Cr.No.116/2025 of Buchireddypalem Urban Police Station, registered for the alleged offence punishable under Sections 140(3), 127(2) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short „the BNS‟) and Section 8 r/w 7 of the Protection of Children from Sexual Offences Act (for short “POCSO”). 2. Heard Mr.Amancharla Satish Babu, learned counsel for the petitioners and Mr.K.Sandeep, learned Assistant Public Prosecutor. 3. The case of the prosecution in brief, is that, prior to the occurrence of the incident, the mother of the victim girl eloped with one Ambi Prasanth. Thereafter, on 13.05.2025 at about 10.00 AM, the Accused came to the house of the victim girl and enquired about Ambi Prasanth, when they replied that they are not aware of his whereabouts, the accused took the victim girl and her family in a car ad restrained them in the house of Amavasya Madhu and on the same day, at 11.30 PM, while the victim girl is sleeping, A-1 assaulted her. When she cried out for help, he escaped. On 14.05.2025, the victim girl and her family escaped from the said house, went to the police station and gave a report. 4 4. Learned counsel for the petitioners would submit that the petitioners are petty vendors, they are no way concerned with the alleged crime. There are no allegations leveled against the petitioners and the FIR is vague regarding their roles. The victim girl and her family members voluntarily accompanied the accused and they have dropped them at the house of one Nagabhushanam and at his instance only, this case has been foisted against the petitioners. The offences under the POCSO Act are not at all applicable to the petitioners as there are no specific overt-acts against them. It is further submitted that the petitioners are ready and willing to furnish sufficient sureties to the satisfaction of the Court to secure their presence for the purpose of investigation. 4. Learned Assistant Public Prosecutor vehemently opposed the petition and would submit that the investigation is not yet completed and is pending for examination of some more witnesses, for recording the statement of the victim girl. If the petitioners are enlarged on anticipatory bail, there is every likelihood of threatening of witnesses of prosecution and tampering of evidences of prosecution. Hence, he finally prays for dismissal of the petition. 5. Considering the submissions made, upon perusal of the material on record, since the recording of the statement of the victim girl is still pending, investigation is at crucial stage and in light of the nature and gravity of the allegations levelled against the petitioners, this Court is not inclined to grant anticipatory bail to the petitioners at this stage. 5 6. Accordingly, the Criminal Petition is dismissed. However, the petitioners/accused Nos. 5 and 6 are at liberty to surrender before the learned Special Court within a period of one (01) week from the date of receipt of copy of this order, and move an appropriate application before the learned Special Court. The learned Special Court is directed to dispose of the said application in accordance with law, on its own merits by giving due and sufficient opportunity to the learned Public Prosecutor concerned, and pass appropriate orders as expeditiously as possible. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed. __________________________________ DR.VENKATA JYOTHIRMAI PRATAPA, J Date: 06.02.2026. UPS 6 73 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12382/2025 06.02.2026 UPS