(Prayer: Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased enlarge The Petitioner/Accused In Crime No.25 of 2026 dated 16/01/2026 of Ajith Singh Nagar Police Station, Vijayawada and pass)

1. This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the Petitioner herein/Accused, seeking regular bail, in Crime No.25 of 2026 dated 16/01/2026 of Ajith Singh Nagar Police Station, Vijayawada, registered for the offences punishable under Section 137(2), 65(1) of Bharatiya Nyaya Sanhitha, 2023 (for brevity “BNS”), Section 4 of Protection of Children from Sexual Offences Act, 2012 (for short “POCSO Act”) and Section 9 of Prohibition of Child Marriage Act, 2006 (for short “PCMA”).

2. Heard Sri Abdus Saleem, learned counsel for the petitioner/accused and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. Learned Assistant Public Prosecutor would submit that notice was served on the defacto complainant through police.

3. The case of the prosecution, in brief, is that, the accused developed acquaintance with the victim minor girl, aged about 17 years and on 15.01.2026 at 14-00 hours, accused kidnapped the victim girl on his bike from her work place and took her to empty plot situated behind an iron shed near the embankment at the end of Rajiv Nagar, Vaddera colony and had physical contact with her forcibly and that night, he again took her to Ammavari Temple at I Town, tied tali stating that they were married and stayed there. On the morning of 16.01.2026, the accused brought the victim to her house. Basing on the complaint of the paternal aunt of the victim girl, the present case has been lodged.

4. Learned counsel for the petitioner would submit that the petitioner herein is aged about 20 years and doing concrete slab works along with his father to get earnings for their family livelihood. The petitioner herein is innocent and he is falsely implicated in this case. The petitioner/accused and the victim loved each other and with good intention, the petitioner married her and brought her to their house. Most of the investigation might have been completed by this time. He would further submit that the petitioner was shown as accused in Cr.No.197 of 2024 of Ajith Singh Nagar Police Station, Vijayawada, alleging that he has thrown the stone on the then Chief Minister of Andhra Pradesh and caused injury on his forehead and later he was enlarged on bail. The petitioner is a permanent resident of Ajith Singh Nagar, Vaddera colony. It is also submitted that the petitioner is ready and willing to furnish sureties to the satisfaction of this Hon’ble Court and will comply with any conditions that may be imposed by the Court.

5. Learned Assistant Public Prosecutor vehemently opposed the petition and submitted that the investigation is still pending for RFSL report. So far six (6) witnesses were examined. There are other criminal cases pending against the petitioner. She finally prays for dismissal of the petition.

6. Considering the submissions made by both sides and upon perusal of the material placed on record, this Court is of the view that there is some force in the contention of the learned counsel for the petitioner that the petitioner is a 20- year-old, and that the relationship was consensual and resulted in elopement and marriage. In that view of the matter, this Court is inclined to grant regular bail to the petitioner/Accused No.4 on the following conditions:

                  i) The petitioner/accused shall execute a personal bond for a sum of Rs. 20,000/- (Rupees Twenty Thousand only) with two sureties for a like sum each, to the satisfaction of the learned Judicial Magistrate of First Class, Vijayawada.

                  ii) The petitioner/accused, shall appear before the Station House Officer concerned, once in a week i.e., on every Saturday between 10:00 AM and 05:00 PM, till further orders.

                  iii) The petitioner/accused shall appear before the Investigating Officer as and when required and cooperate with the investigation.

                  iv) The petitioner/accused shall not directly or indirectly induce, threaten or influence any witness acquainted with the facts of the case and shall not contact the victim through any means.

                  v) The petitioner/accused shall not tamper with the prosecution evidence in any manner.

                  vi) The petitioner/accused shall furnish his residential address and contact details to the Investigating Officer and shall keep the Investigating Officer informed of any change of address.

7. In the event of violation of any of the above conditions, the prosecution shall be at liberty to seek cancellation of bail.

8. It is also made clear that the observations made in this order are only for the purpose of deciding the bail applications and they shall not be construed as opinion on the merits of the Crime.

9. Accordingly, this Criminal Petition is allowed.

As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed.