1. This memorandum of Criminal Petition is filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) praying this Court to enlarge the petitioner – accused on bail in connection with Crime No.596 of 2026 of P.S. Borabanda, Hyderabad. The offences alleged against the petitioner – accused are under Section 74 of BNS and Section 7 r/w Section 8 of POCSO Act, 2012.

2. Heard Sri S.M.Saifullah, learned counsel for the petitioner and Sri D.Arun Kumar, learned Additional Public Prosecutor appearing for the respondent.

3. Learned counsel for the petitioner submits that the petitioner – accused has been subjected to illegal detention in violation of Article 22(2) of the Constitution of India and Section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [BNSS]. The petitioner - accused along with the co-accused was apprehended and taken into custody on 04.09.2026 and was produced before the concerned Magistrate on 07.09.2026 and the petitioner – accused thus kept in detention for a period far in excess of twenty four hours. The remand case diary itself records that the complainant is examined and the victims are examined through the Bharosa Centre. Prosecution relied upon the alleged statement that during interrogation, the petitioner – accused has admitted his guilt. Investigation in the present case is already completed and the police are about to file the charge sheet. There are matrimonial disputes between the petitioner – accused with that of the complainant. Counsel in support of his contention has relied on the decision in the case of Ishwar Chand Sharma and Others Vs. State of Uttar Pradesh and another (2026 INSC 587) and prayed to enlarge the petitioner – accused on bail.

4. Notice got issued to the complainant is served and proof is filed to that effect.

5. Learned Additional Public Prosecutor submits that the petitioner – accused is the father of LW2 and LW3 who are the victim girl and victim boy aged about 8 years and 11 years respectively. Section 183 BNSS statement of the victims is not recorded and prayed to dismiss the petition.

6. Mother of the victim Nos.1 and 2 has lodged a report before PS Borabanda, Hyderabad stating that she got married in the year 2014 to the petitioner – accused and she is blessed with three children. For the last one month her husband had been quarreling with her frequently and on one day her daughter came to her and told her that her father used to ask her to hold his private parts by exposing them while her mother was busy cooking or washing clothes and when no one else was present in the house and also forced the victim girl to watch nude/pornographic videos on his mobile phone. Her son has also discussed about the inappropriate behavior of his father towards him. Basing on the said complaint FIR came to be registered.

7. Petitioner – accused is arrested on 07.09.2026 at 12.00 hours and was produced before the concerned magistrate, he is in remand since then. The offences shown in the remand case diary are under Section 74 of BNS and Section 7 read with Section 8 of POCSO Act, 2012.

8. Learned Additional Public Prosecutor has produced the statement of victim No.1 who is aged about 8 years, who is the daughter of the petitioner – accused, she stated the manner in which the incident has taken place; and also filed the statement of victim No.2, who is aged about 11 years, who is the son of the petitioner – accused, he also stated about the manner in which the incident has taken place.

9. In Ishwar Chand Sharma1 Supreme Court has observed at paragraph Nos.9, 9.4 and 9.5, which reads as under:

               9. In the backdrop of the facts of the present case, we wish to underline a worrying trend that has come to our attention. Parties involved in matrimonial or commercial relationships with one another are resorting to filing of frivolous and vexatious claims and allegations of a criminal nature to settle personal scores and grudges against each other and therefore turn to nefarious/oblique means to attain the said objective. We also painfully take judicial cognizance of the fact that the courts of law are being misused and overburdened by such vague and vexatious litigations between spouses as many a times, the recourse to law and police is taken, in an oblique way so as to antagonise, pressurise, hound and harass the other spouse and their family members in order to retaliate and exact revenge that is carried out due to sheer hatred and disdain for the said spouse and their family members.

               9.4 In this regard, we would be remiss to not highlight the recent upswing in the false and frivolous matrimonial cases which have unfortunately brought to the fore the uglier side of litigation. A recent trend in this regard is when the wife resorts to filing false complaints and cases under POCSO Act alleging that the husband, who is also the father of the minor child, has committed wanton acts which are sexual in nature especially against the minor daughter. At the centre of this sort of litigation is a child who is often used by her mother against her father, against her will and wishes, so as to make false and vexatious complaints against her father and other male members of her paternal family in order to exact revenge or as an arm-twisting tactic to obtain a higher monetary settlement or to simply harass.

               9.5 There are also instances where in cases of enmity between the members of a family, between neighbours or business partners or associates, or even between borrowers and lenders of financial assistance, a weapon of harassment being resorted to is a complaint under the POCSO Act at the instance of a parent of a child (in most cases being the daughter) so as to wreak vengeance or to get over civil disputes between the parties by a subdued accused under the said Act yielding to the demands of the complainant. Also, the threat of a false complaint under the POCSO Act is used as a means to escape legal consequences arising out of a commercial transaction, a matrimonial dispute or such other disputes.

10. In the above said judgment the matter is pertaining to quash of criminal proceedings. The case facts set out in the above said judgment are different with that of the case on hand and furthermore the criminal petition is for grant of bail. Hence the judgment cited by the learned counsel for the petitioner is not applicable.

11. When serious allegations are made under POCSO granting bail mechanically without considering victim statement refers the bail order perverse and legally unsustainable. The accused is not automatically entitled for bail unless the Court is satisfied that the victim will be completely safe and free from coercion.

12. Section 183 BNSS statement of the victims are yet to be recorded, furthermore serious allegations are leveled against the petitioner – accused who is the father of victim Nos.1 and 2 who are aged about 8 years and 11 years respectively, this Court is of the view that the petitioner - accused has not made out any case for grant of bail and the same is liable to be dismissed and is accordingly dismissed.

13. Crl.P.No.14814 of 2026 is dismissed.

Miscellaneous petition/s if any shall stand closed.