(Prayer: Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High Court may be pleased to pleased to set aside the order dated 04-02-2026 in CrI.M.P.No.18 of 2026 in Cr. No. 396 of 2025 before the Hon’ble Special Judge for Trail of Cases Under SC’s & ST’s (POA) Act -CUM-VI Additional Sessions Judge Kurnool and enlarge/release the Appellant / Accused No.1 herein on bail in Crime No. 396 of 2025 of Kurnool IV Town Police Station, Kurnool district dated 21.11.2025 and pass

IA NO: 1 OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to enlarge/release the Appellant / Accused No.1 herein on bail in Crime No. 396 of 2025 of Kurnool IV Town Police Station, Kurnool district dated 21.11.2025 and pass)

1. Heard Sri K.V.Raghuveer, learned counsel for the appellant/A1 and Sri C.Panini Somayaji, learned Additional Public Prosecutor representing the State/R1.

2. Learned Additional Public Prosecutor would submit that notice was taken to the victim as required under Section 15(A) of the SCs & STs (PoA) Act, 2015 and it was served to the victim. So far no one appeared for the victim. No objections filed for the victim opposing the appeal.

3. The appeal is preferred under Section 14A(2) of the SCs & STs (PoA) Act, 1989 challenging the order dated 04.02.2026 passed in Crl.M.P.No.18 of 2026 in Crime No.396 of 2025 of Kurnool IV Town Police Station, Kurnool District. The learned Special Court refused to release the appellant/A1 on bail. Hence the appeal came to be filed.

4. The learned Special Court dismissed the application under the impugned order on the ground that investigation is not completed, and potency test was also not completed.

5. Learned Additional Public Prosecutor would submit that as on today investigation completed, potency test was also completed, charge sheet filed on 05.02.2026 i.e., day after dismissal of the bail application by the Special Court. The appellant/A1 was arrested on 27.12.2025.

6. The case of the prosecution is that the appellant and victim were in love. The appellant promised to marry the victim. Later, he refused to marry her. Hence, the victim presented a report to the police.

7. Considering the above circumstances, as investigation was completed, charge sheet also laid before the Special Court and no material is coming forth, which would show that detention of the appellant is required before trial, this Court is of the considered opinion that the order of the learned Special Court is liable to be set aside.

8. In the result, the Criminal Appeal is allowed. The order dated 04.02.2026 passed in Crl.M.P.No.18 of 2026 on the file of the learned Special Judge for Trial of Cases under SCs & STs (PoA) Act-cum-VI Additional Sessions Court, Kurnool, is set aside. The appellant/A1 shall be enlarged on bail subject to the following conditions.

               i) The appellant/A1 shall be enlarged on bail, on executing a personal bond for Rs.25,000/- (Rupees Twenty Five Thousand only), with two (02) sureties for a like sum each, to the satisfaction of the learned Special Judge for Trial of Cases under SCs & STs (PoA) Act-cum-VI Additional Sessions Court, Kurnool

               ii) The appellant/A1 shall not leave the country without permission of the learned Special Court.

               iii) The appellant/A1 shall not intimidate or annoy or contact the victim or her family members in any manner while on bail.

               iv) If the appellant/A1 violates any of the above conditions, the prosecution is at liberty to file an application before the concerned Special Court for cancellation of this judgment, on filing of such application, the concerned Special Court shall dispose of the same in accordance with law.

9. Accordingly, the Criminal Appeal is allowed.

As a sequel, interlocutory applications, if any, pending shall stand closed.