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Judgment
11 paragraphs · 460 wordsBalaji Medamalli, J
The Criminal Appeal is filed by the appellant/Accused No.1 challenging the order dated 05.05.2026 passed by the learned Special Court of Speedy Trial of Offences under the Protection of Children from Sexual Offences Act, 2012, Bhimavaram, in Crl.M.P.No.87 of 2026 in Crime No.57 of 2026 of Bhimavaram II Town Police Station, West Godavari District, registered for the offences punishable under Section 65(1) of the Bharatiya Nyaya Sanhita, 2023, Sections 3(a) read with 4, 7 read with 8, and 11(ii) read with 12 of the Protection of Children from Sexual Offences Act, 2012, Sections 3(1)(e), 3(1)(w)(i), and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and Section 14(1) of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986.
Heard Sri G. Yeswanth, learned Counsel for the appellant and learned Assistant Public Prosecutor representing the respondent-State.
A perusal of the material on record would show that except receipt of Potency Test Report, the entire investigation has been completed and charge sheet has also been filed. It is submitted by the learned Assistant Public Prosecutor that after receipt of Potency Test Report, an additional Charge sheet would be filed. As per the Mediators Report, the victim girl also failed to identify the house of the appellant.
In the circumstances, the Criminal Appeal is allowed, setting aside the order, dated 05.05.2026 passed by the learned Special Court of Speedy Trial of Offences under the Protection of Children from Sexual Offences Act, 2012, Bhimavaram, and bail is granted to the Appellant/Accused No.1 on the following conditions:
(a) The Appellant/Accused No.1 shall be released on bail on executing 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 Special Court of Speedy Trial of Offences under the Protection of Children from Sexual Offences Act, 2012, Bhimavaram.
(b) On release, the Appellant/Accused No.1 shall appear before the Investigating Officer once in a week i.e., every Sunday between 10.00 AM and 01.00 PM for three (3) months or till filing of the charge sheet, whichever is earlier.
(c) The Appellant/Accused No.1 shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(d) The Appellant/Accused No.1 shall not indulge in similar acts of crime.
(e) The Appellant/Accused No.1 shall scrupulously comply with the above conditions, and breach of any of them will be viewed seriously. The Prosecution is at liberty to move an application for cancellation of the bail.
Miscellaneous applications pending, if any, shall stand closed.
