APHC010390572026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY, THE 31st DAY OF AUGUST 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6353/2026 Between: KAMBALA JOHNSON, S/O JAGANNADHAM AGED ABOUT 20 YEARS, PRIVATE EMPLOYEE,R/O DHANVAIPETA, BAPATLA MANDAL, BAPATLA DISTRICT.AADHAR CARD NO. 8051 8574 4889. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI THROUGH THE INSPECTOR OF POLICE,BAPATLA RURAL POLICE STATION, CRIME NO. 59/2026. 2. MOTHER OF VICTIM, S ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: CHALLA AJAY KUMAR Counsel for the Respondent/complainant(S): 1. P VIVEK 2. PUBLIC PROSECUTOR 3. LEGAL AID 2 Dr.YLR,J Crl.P.No.6353 of 2026 Dated 31.08.2026 The Court made the following: 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.59 of 2026 of Bapatla Rural Urban Police Station, Bapatla District, registered against the Petitioner/Accused herein for the offences punishable under Sections 64(1) and 137(1) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’) and Section 4 read with 3(a) of the Protection of Children from Sexual Offences (POCSO) Act, 2012. 2. The prosecution case, in brief, is that the de-facto complainant, Mailapalli Vara Lakshmi, is the mother of the missing girl, Mailapalli Sowjanya, aged about 17 years, who was studying Intermediate First Year at Chirala Women’s College. On 21.05.2026 at about 10:00 p.m., the complainant and her children went to sleep at their residence at Danavaipetra, Bapatla Mandal. At about 3:00 a.m. on 22.05.2026, the complainant noticed that her daughter was not present in the house. Despite searching for her along with her relatives in and around the locality, she could not be traced. Thereafter, the complainant lodged a report before Bapatla Rural Police Station on 22.05.2026 at about 7:00 p.m., requesting the police to take necessary action to trace her daughter. 3 Dr.YLR,J Crl.P.No.6353 of 2026 Dated 31.08.2026 3. Sri Challa Ajay Kumar, the learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. It is contended that the petitioner has no role whatsoever in the alleged missing of the girl. The learned counsel further submits that the petitioner has been cooperating with the investigation and is ready and willing to abide by any conditions that may be imposed by this Court. It is further submitted that the petitioner is a permanent resident of the locality and there is no possibility of his absconding or tampering with the prosecution evidence. Hence, the learned counsel requests this Court to grant bail to the petitioner. 4. Per contra, Mr.A.Sai Rohit, the learned Assistant Public Prosecutor opposed the petition and submits that the allegations against the petitioner are serious in nature. It is submitted that the investigation is still in progress and the custodial presence of the petitioner may be necessary for the effective completion of the investigation. The learned Assistant Public Prosecutor further submits that the missing girl is a minor and that there is a possibility of the petitioner influencing the witnesses or interfering with the investigation if enlarged on bail. It is further submitted that the petitioner may abscond and evade the process of law. Hence, the learned Assistant Public Prosecutor requests this Court to dismiss the bail petition. 4 Dr.YLR,J Crl.P.No.6353 of 2026 Dated 31.08.2026 5. On the other hand, Mr. P.Vivek, the learned Legal Aid Counsel appearing for Respondent No.2 submits that the victim is a minor girl aged about 17 years and that her safety and welfare are of paramount consideration. It is submitted that the allegations against the petitioner are serious in nature and require a thorough investigation. The learned counsel further submits that there is a possibility of the petitioner influencing or threatening the victim and her family members if he is enlarged on bail. It is also submitted that the interests of the victim may be safeguarded by not granting bail to the petitioner at this stage. Hence, the learned Legal Aid Counsel requests this Court to dismiss the bail petition. 6. Heard the learned counsel for the petitioner, the learned Assistant Public Prosecutor and the learned Legal Aid Counsel for respondent No.2. Perused the record. 7. As seen from the record, after completion of the material portion of the investigation, a preliminary charge sheet was filed on 01.07.2026. The petitioner was arrested on 25.05.2026 and has been in judicial custody for the past 98 days. The petitioner is aged about 20 years, whereas Respondent No.2 is aged about 17 years. As per the allegation of the mother of Respondent No.2/victim, her daughter was found missing on 21.05.2026 at about 10:00 p.m., while they were sleeping in their house. 8. On perusal of the record, it appears that the petitioner and Respondent No.2 were in a love relationship. The petitioner is aged about 5 Dr.YLR,J Crl.P.No.6353 of 2026 Dated 31.08.2026 20 years. Respondent No.2 is aged about 17 years and studying Intermediate II Year. Even as per the order passed by the learned Trial Court, the petitioner and Respondent No.2 had been in a relationship for about three years. It is further stated that, upon coming to know about their relationship, the parents of Respondent No.2 admonished her, which she informed to the petitioner/accused. Thereafter, they decided to leave the house. Accordingly, when the parents of Respondent No.2 were asleep at about 10:00 p.m. on 21.05.2026, the petitioner and Respondent No.2 left the house. It is important to note that the victim did not cooperate with the Investigating Officer in subjecting herself to medical examination. 9. Having regard to the facts and circumstances of the case, the nature and gravity of the allegations, the stage of the investigation, the age of the petitioner, and the period of incarceration undergone by him, this Court is inclined to enlarge the petitioner/accused on bail, subject to certain stringent conditions. 10. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioner/Accused shall be enlarged on bail subject to his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties for the like sum each to the satisfaction of the learned Additional Special POCSO Court-Cum-Sessions Judge, Tenali. 6 Dr.YLR,J Crl.P.No.6353 of 2026 Dated 31.08.2026 ii. The Petitioner/Accused shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 01:00 pm, till filing of the final charge sheet. iii. The Petitioner/Accused shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The petitioner/Accused shall not, in any manner, come into contact with Respondent No.2. The petitioner shall not enter Danavaipeta Village until the material witnesses for the prosecution are examined. v. The Petitioner/Accused shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the Investigating Officer as and when required. vi. The Petitioner/Accused shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court. _________________________ DR. Y. LAKSHMANA RAO, J Date: 31.08.2026 RSI 7 Dr.YLR,J Crl.P.No.6353 of 2026 Dated 31.08.2026 8 Dr.YLR,J Crl.P.No.6353 of 2026 Dated 31.08.2026 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6353 of 2026 Date: 31.08.2026 RSI