(Prayer: Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High Court may be pleased to may be pleased to set aside the order dated 18.02.2026 passed in CrI.M.P. No. 41 of 2026 on the file of Hon’ble Special Judge for Trial of cases under SCs & STs (PoA) Act -cum- VI Additional Sessions Judge, Kurnool seeking enlargement on bail in Crime No. 104 of 2025 dated 04.11.2025 on the file of the Sirivella Police Station, Nandyal District and consequently enlarge the Appellant / Accused No. 1 on bail in connection with Cr. No. 104 of 2025 on the file of Sirivella Police Station, Nandyal District

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 pleased to dispense with the filing of the certified copy of the order dated 18.02.2026 passed in CrI.M.P. No. 41 of 2026 on the file of Hon’ble Special Judge for Trial of cases under SCs & STs (PoA) Act -cum- VI Additional Sessions Judge, Kurnool and pass)

1. Heard the learned counsel for the appellant and the learned Additional Public Prosecutor representing the 1st respondent–State.

2. The learned Additional Public Prosecutor representing the 1st respondent– State submitted that notice was served on the victim on 06.03.2026 under Section 15A(3) of the SCs and STs (POA) Act, 1989. However, no one appeared on behalf of the victim and no objections have been filed by the victim opposing the appeal filed by the appellant/A1.

3. The learned counsel for the appellant submitted that the appellant/A1 was arrested on 10.12.2025 for the offences under Section 69 read with Section 3(5) of the BNS, 2023, and Sections 3(1)(r) and 3(1)(s) of the SCs and STs (POA) Act, 1989. He further submitted that the appellant/A1 has been in judicial custody since 10.12.2025. It is also submitted that the entire investigation has been completed and the detention of the appellant/A1 is no longer required. However, the learned trial Court did not consider the said facts and refused the bail application. Therefore, the appellant/A1 preferred the present appeal under Section 14-A of the SCs and STs (POA) Act, 1989.

4. The learned Additional Public Prosecutor opposed the appeal. However, he admitted that the appellant/A1 was arrested on 10.12.2025 and has been in judicial custody since then. He further submitted that the material part of the investigation has been completed and that the FSL report is awaited for filing report before the learned trial Court.

5. The learned trial Court, vide order dated 18.02.2026, refused bail on the ground that the investigation had not yet been completed for want of recording the statement of the victim girl and that the appellant/A1 may threaten the victim girl and prevent her from making the statement.

6. In view of the above facts and circumstances, it is submitted that the statement of the victim under Section 164 Cr.P.C. has already been recorded and the material part of the investigation has been completed. The filing of the report is awaited only for receipt of the FSL report. There is no material to show that the appellant/A1 will not be available for the process of the Court during trial, or that he will tamper with the evidence or interfere with the investigation in any manner.

7. In these circumstances, this Court is of the considered opinion that further detention of the appellant/A1 is no longer required. Therefore, the order of the learned trial Court under challenge is liable to be set aside.

8. Accordingly, the order dated 18.02.2026 passed by the learned Special Judge for Trial of Cases under the SCs & STs (POA) Act – cum – VI Additional Sessions Judge, Kurnool, in Crl.M.P. No.41 of 2026 in Crime No.104 of 2025 of Sirivella Police Station, is set aside.

9. Accordingly, the present Criminal Appeal is allowed and the appellant/A1 shall be enlarged on bail, subject to the following conditions:

                  i. On executing a personal bond for Rs.25,000/- (Rupees Twenty-Five Thousand only) with two (02) sureties each for a like sum to the satisfaction of the learned trial Court.

                  ii. Upon such release, the appellant/A1 shall appear before the concerned SHO on every second Saturday of the month until the filing of the final report/charge sheet before the learned trial Court.

                  iii. The appellant/A1 shall not leave the country without prior permission of the learned trial Court.

                  iv. The appellant/A1 shall not intimidate, threaten, annoy, or contact the victim or her family members in any manner.

                  v. In the event of violation of any of the above conditions, the prosecution is at liberty to file an application seeking cancellation of bail.

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