1. 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.540 of 2025 of Penamaluru Police Station, Krishna District, registered against the Petitioner/Accused herein for the offence punishable under Sections 137(2), 64(1), 127(2) of Bharatiya Nyaya Sanhita, 2023 (for short ’BNS’) and Section 4 of Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’).
2. The case of the prosecution, in brief, is that the de facto complainant was residing with her two daughters at Ramanagar Katta, opposite Siddhartha Engineering College, Tadigadapa Village, Penamaluru Mandal. Prior to 10.09.2025, the complainant, along with her two daughters, was residing at Poranki, during which time her elder daughter/victim, aged about 17 years, developed an acquaintance with the accused. The complainant warned her daughter and thereafter shifted her residence to Tadigadapa Village, Penamaluru Mandal. On 10.09.2025, at about 17:00 hours, the defacto complainant’s elder daughter/victim went to take a bath but did not return home for a long time. Upon searching the nearby areas, the complainantcould not find her daughter/victim and consequently lodged a complaint. Basing on the said complaint, the present crime was registered.
3. Heard Mr. P.Sundeep, learned counsel for the Petitioner and Mr.K.Sandeep, learned Assistant Public Prosecutor, representing the State/Respondent.
4. Learned counsel for the Petitioner/Accused would submit that the Petitioner is innocent of the offences alleged against him and he is aged about 19 years. Learned counsel would finally submit that the Petitioner is falsely implicated in this crime. Hence, prayed to enlarge the Petitioner on bail.
5. Learned Assistant Public Prosecutor would submit that the investigation so far is concerned, eight (8) witnesses were examined and Statement of the victim under Section 164 Cr.P.C., was also recorded and Court may pass appropriate Orders.
6. Considering the submissions and a keen perusal of the material on record, since the crucial part of the investigation is completed, statement of the victim was also recorded by the learned Magistrate and the fact that the Petitioner has been in judicial custody since 01.11.2025, the question of tampering with the evidence, does not arise. Further, as the Petitioner has permanent abode, the question of fleeing away from the jurisdiction, in the event of grant of bail does not arise and the petitioner is at the impressional age of 19 years, this Court is inclined to enlarge the Petitioner on bail.
7. 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.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the learned IV Additional Judicial Magistrate, Vijayawada.
ii. On release, the Petitioner shall appear before the Station House Officer, concerned, twice in a week i.e., on Wednesday and Sunday, between 10.00 a.m. and 05.00 p.m., till further Orders.
iii. The Petitioner is directed not to hamper the investigation, tamper with the prosecution witnesses and not to meet/contact the victim girl either physically or over phone or any other means.
iv. It is made clear that the Petitioner shall scrupulously comply with the above conditions and breach of any of the above conditions will be viewed seriously and prosecution is at liberty to move an application for cancellation of the bail.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.




