Jujjuvarapu Ratna Bhaskar Vs the State — Child Sexual Offences (POCSO) | Andhra Pradesh HC (2025)

Jujjuvarapu Ratna Bhaskar Vs the State — Child Sexual Offences (POCSO) | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Petitioner/accused enlarged on bail in Cr.No.51 of 2025 with strict conditions: (i) bond of Rs.10,000/- with two sureties each for the like sum to the satisfaction of the learned VIII Additional Judicial First Class Magistrate, Gannavaram; (ii) appearance before the Station House Officer, Gannavaram UPS Police Station, Krishna District, every Saturday between 10:00 am and 05:00 pm till conclusion of trial; (iii) not to leave the limits of the District without prior permission of the learned VIII Additional Judicial First Class Magistrate, Gannavaram, till the victim is examined by the learned Trial Court; (iv) not to directly or indirectly influence, threaten or meet the witnesses including the de-facto complainant.

Issue for consideration

Whether the petitioner/accused, arraigned in Cr.No.51 of 2025 of Gannavaram UPS Police Station, Krishna District, for the offence punishable under Section 137(2) BNS and Sections 8 and 12 POCSO Act, is entitled to be enlarged on bail under Sections 480 and 483 of the BNSS.

Court's answer

In view of the nature of the allegations levelled against the petitioner in the complaint and in the record, and the period of detention undergone by him in judicial custody, the Court was inclined to enlarge the petitioner on bail with strict conditions.

Ratio / Principle

The criminal petition was allowed, enlarging the petitioner on bail subject to conditions: execution of a bond of Rs.10,000/- with two sureties each for the like sum to the satisfaction of the learned VIII Additional Judicial First Class Magistrate, Gannavaram; appearance before the Station House Officer, Gannavaram UPS Police Station, every Saturday between 10:00 am and 05:00 pm till conclusion of trial; not to leave the limits of the District without prior permission of the said Magistrate till the victim is examined by the Trial Court; and not to directly or indirectly influence, threaten or meet the witnesses including the de-facto complainant.

Detailed headnote1 paragraphs

Bail – granted. Criminal Petition under Sections 480 and 483 BNSS by the accused (per counsel: aged about 23 years, sole breadwinner of his family) in Cr.No.51 of 2025 of Gannavaram UPS Police Station, Krishna District, for the offence punishable under Section 137(2) BNS and Sections 8 and 12 POCSO Act, alleging kidnapping of the de-facto complainant, a minor girl aged about 17 years, from her college on 31.01.2025. Petitioner in judicial custody for 91 days (Sub-Jail, Eluru District); charge sheet filed on 28.03.2025 after completion of the entire investigation. State (via learned Assistant Public Prosecutor) opposed bail citing alleged involvement in four more offences, including one under 'the NDPS Act' and another under Section 354 'IPC'. Held, in view of the nature of the allegations and the period of detention undergone, the petitioner was enlarged on bail with strict conditions: bond of Rs.10,000/- with two sureties each for the like sum to the satisfaction of the learned VIII Additional Judicial First Class Magistrate, Gannavaram; weekly Saturday reporting (10:00 am–05:00 pm) to the SHO, Gannavaram UPS Police Station, till conclusion of trial; no leaving the District limits without prior permission of the said Magistrate till the victim is examined by the Trial Court; and no directly or indirectly influencing, threatening or meeting witnesses including the de-facto complainant. Criminal petition allowed (Dr. Justice Y. Lakshmana Rao, 05.05.2025).

[3521]

APHC010195852025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4134/2025

Between:

Jujjuvarapu Ratna Bhaskar

...PETITIONER/ACCUSED

AND

The State

...RESPONDENT/COMPLAINANT

Counsel for the Petitioner/accused:

1.TORATI SHANMUKHA PRASANNA

Counsel for the Respondent/complainant:

1.PUBLIC PROSECUTOR

The Court made the following:

ORDER :

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 Cr.No.51 of 2025 of Gannavaram UPS Police Station, Krishna District, registered against the petitioner/Accused herein for the offence punishable under Section 137 (2) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the

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Dr. YLR, J Crl.P.No.4134 of 2025 Dated 05.05.2025

BNS’), and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 ( for short ‘the POCSO Act’).

The case of the prosecution is that the petitioner had kidnapped the de-facto complainant, who is a minor girl, aged about 17 years, on 31.01.2025, from her college.

Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record.

The learned counsel for the petitioner submits that the petitioner has not committed any offence; he is aged about 23 years; he is sole breadwinner of his family; he would abide by any conditions to be imposed by this Court; and urged to enlarge the petitioner on bail.

Per contra , Ms. P.Akila Naidu, the learned Assistant Public Prosecutor, argued that the petitioner has been involved in four more offences, one is under the provisions of ‘the NDPS Act’, another one is under Section 354 of ‘the IPC’, and so on and so forth, and urged to dismiss the bail application.

On perusal of the record, the petitioner has been in the judicial custody for the past 91 days. The petitioner has been in judicial custody

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Dr. YLR, J Crl.P.No.4134 of 2025 Dated 05.05.2025

in Sub-Jail, Eluru District. In this case the charge sheet was also filed on

28.03.2025 after completion of the entire investigation.

In view of the nature of the allegations levelled against the petitioner in the complaint and also in the record, the period of detention undergone by him in the judicial custody, this Court is inclined to enlarge the petitioner on bail with strict conditions.

In the result, the criminal petition is allowed with the following conditions:

i. The petitioner shall be enlarged on bail subject to he executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only), with two sureties each for the like sum each to the satisfaction of the learned VIII Additional Judicial First Class Magistrate, Gannavaram.

ii. The petitioner shall appear before the Station House Officer, Gannavaram UPS Police Station, Krishna District, on every Saturday in between 10:00 am and 05:00 pm., till the conclusion of the Trial.

iii. The petitioner shall not leave the limits of the District without prior permission from the learned VIII Additional

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Dr. YLR, J Crl.P.No.4134 of 2025 Dated 05.05.2025

Judicial First Class Magistrate, Gannavaram, till victim is examined by the learned Trial Court.

iv. The petitioner shall not directly or indirectly influence

or threaten or meet the witnesses including the de-facto complainant.

_________________________ DR. Y. LAKSHMANA RAO, J

Date: 05.05.2025 RSI

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Dr. YLR, J Crl.P.No.4134 of 2025 Dated 05.05.2025

THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO

CRIMINAL PETITION No.4134 of 2025

Date: 05.05.2025

RSI