Regular bail sought in a pending POCSO sessions trial by an accused who earlier obtained bail, absented himself despite directions to surrender, and was rearrested on an executed NBW. Considering his conduct, bail was declined and the trial court was directed to conclude the trial expeditiously, preferably within three months.
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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
IVIONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE J SREENIVAS RAO
GRIMINAL PETITION NO: 810'l OF 2025
Between:
Bandari Sampath, Sio. Venkati, Age. 39 years, Occ. Government Employee, (lnspector of Police) Asifabad, R/o Deshaipet, Warangal District.
...PETITIONER/ACCUSED
AND
...RESPONDENTS/COMPLAINANTS
Petition under Section 480 & 483 OF BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may bepleased to enlarge thepetitioner/ accused on Regular Bail in SC POCSO No.2512024, on the file of the LRAT-cum-l Additional District and Sessions Judge, Hanumakonda and release the petitioner/ accused on bail on such terms and conditions.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri PULLABHOTLA VLS SRICHAKRAPANI, Advocate for the Petitioner and Mr. SYED YASAR MAMOON, the Additional public prosecutor on behalf of respondent No.1 and none appeared for the Respondent No.2.
The Court made the following: ORDER
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.I'H I.] HONOURABLE SIU .IUSTICE .I. SITEENIVAS RAO CRIN{INAL PEI'ITION No.8l0l of 2025
oRt)1,_R:
'Ihis Criminal Petition is filed under Seclions 480 and 483 o1' rhe Bharariya Nagarik Suraksha Sanhita, 2023 (BNSS) by the pctitioner'/accused secking bail in S.C.POCSO No.25 o{' 2024 on the llle ol' the t-[tA'l'-cum-l AdditionaI District and Sessir>ns Jtrdge. Ilantnnak rrrrda.
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after expiryof 72 days, the concetned Court has granted bail to the petitioner on 06.06'2024.The investigating officer after cor.rducting investigation filedcharge sheet before the learned LRA'I -ctrm-[ Additional Districtand SessionsJudge' Hanurn4konda' and the:same was numbered as S.C.POCSONo.25of 2024and the learned Sessions Judge issued NBWagainstthe petitioner on 03'02'2025 for his norr- appearance and at that stage, the petitioner had approachedthis Courr and filed CLl.P.No.2054 of 2025, seeking recall of NIIW issued against hirn and this Court disposed of the said petiti<ln on 1j.02.2025. directing the petitioner to surrender befor.e thc hial court on or before 20.03.2025 and file recall perition and on such application, rhe r.rial Court is directed to consider. the same on the same day and till such surrender of the petitioner, the NBW shalr not be executed. Thereafter, the petitioner had fired application seeking reca, of NBW issue. against him and the Court below dismissed the said application on 19.03.2025. He further submitted that the police executed NBW againsr the petir.ioner on 29.05.2025 and he was produced belore the Court below and the Court below has sent the petitioner to judicial custody on the same day and since then he is in judicial custody. He
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furthcr submitted that the petitioner is ready and willing to prosecute the proceedings pendi,g before the Court belou, and also abide by the conditions which are going to be imposed by rhis Court. 4' Per contra, rearned Additionar public prosecutor submirted that, despite the spccific direction issued by rhis court in crl.p.No.2054 of 2025 while disposing of the said petition dated 13.02.2025, the pelitioner has not surrendered before the Courr below withir.r thc stipulated tinre, on the otl'rer trand filed application seeking rccall ol NBW before the Court below and the said Court dismissed the said applicatiorr on 19.03.2025. He further submitted that as the petitioner had not surrcndered before the Court below and escaped from the (lourt, the NBW issued against the petitioner was execLrted on 29.05.2025 and the Court below rightly sent the petitioner to the judicial custody. I-le lurther subrnitted that the petitioner had filed Crl.M.P.No.2q7 of 2025 in S.C (P) No.25 of 2024 seeking grant of bail, which was dismissed by the Courl below on 24.06.2025. While dismissing the application, the Court observed that thevictimand her motherhad appeared before it and stated that the petitioner was compellingtheln to compromisethe case for an amountof Rs'1 Crore'
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and had also tlu'eatened to kill thern in case ol non-cotnpliance.The Couft further observed tl'rat the matter is now posted for trial, thc cvidence of PW.1 lras bccn recorded, and thc case is pending for rccording the evidcnce of the victirn. llence. praycd to disnriss tlre pet rtlon.
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beforc tlrc trial Court on or before 20.03.2025 and file recall petition and on such application, the trial Court is directed to consider the same on the sanrc day and till such surrender of the petitioner, the NB\/ shall no1 he executed. The rccord furlher discl,rses that despitc the specific direction issued by this Court in Crl.P.No.2054 of 2025, the petitioncr has not surrendered before the Cotirt below within the stipulatecl tiure, on the othel hand simply filed applicatior.r seeking recall cr1'NBW before the Court below and the said Courl dismissed the said application on 19.03.2025. 1'heleafter, the petitioncr has l'iled Crl.M.P.No 297 of 2025 in S.C(P) No.25of 20221 lor grant of bail and the Court below disrnissed thesaid application on )4-06-2025.
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prelbrably within a period of three (3),ronths from the date of rcceipt.
ofa copy ofthis order.
1 Accordingly, this Criminal Petition is disposed oL
M iscellaneous applications, pending if any, shall stanci closed.
SD/- K.BHAVANI SWAMY ASSITANT REGISTRAR
//TRUE COPY//
o
SECTION OFFICER
To,
GR/PSL
v"
HIGH COURT
DATED:1410712025
ORDER
GRLP.No.8101 of 2025
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270[Iffi ar!,
:^
DISPOSING THE CRIMINAL PETITION
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1 issue framed by the court
Whether regular bail should be granted to a POCSO accused who failed to surrender as directed by this Court and was arrested on an executed NBW.
3 provisions across 3 enactments
Bandari Sampath
The State of Telangana
Bandari Sravanti
J Sreenivas Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
