Ramavath Devichand, v. The State Of Telangana,

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.2364 OF 2026 DATE : 12.03.2026 Between :

Ramavath Devichand ...

Petitioner/Accused And The State of Telangana, Rep., by its Public Prosecutor, High Court of Telangana. Hyderabad.

... Respondent/Complainant : ORDER :

This Criminal Petition is filed under Section 480 & 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying this Court to enlarge the petitioner on bail who is accused in FIR No.25 of 2026 of Kowdipally Police Station, Medak District. The offences alleged against the petitioner are under Sections 5(1) r/w.6 of the POCSO Act, 2012.

2.

The brief facts of the case are that on 24.01.2026 at about 21:00 hours, the de facto complainant, who is the father of victim, lodged a complaint stating that his second son, a 10th class student staying in the TGTWURJC Hostel at Kowdipally, appeared depressed and frightened when he visited him at the hostel. Upon enquiry, the victim allegedly disclosed that he had been acquainted with the petitioner for about a year and that on several occasions the accused had behaved inappropriately with him when he visited the accused's room and shop. Based on the said complaint, the police registered a case for the above offences.

3.

Heard Sri Akkam Eshwar, learned counsel appearing on behalf of the petitioner and Sri M.Ramachandra Reddy, learned Additional Public Prosecutor appearing on behalf of the respondent - State.

4.

The contention of learned counsel for the petitioner is that the petitioner is implicated in this case without conducting any preliminary enquiry. He further contended that the punishment prescribed for the offence under Section 8 of the POCSO Act shall not be less than three years but which may extend to five years and shall also be liable to fine. Since the punishment prescribed is below seven years for the alleged offence, the

police instead of issuing notice under Section 35(3) of BNSS, erroneously arrested the petitioner. The petitioner is in jail from 26.01.2026. Hence, prayed this Court to grant regular bail to the petitioner.

5.

The learned Additional Public Prosecutor opposed bail contending that the allegations against the petitioner are grave and serious in nature. It is submitted that the victim is a minor boy studying 10th class and residing in the hostel, and the accused allegedly took advantage of the acquaintance and repeatedly behaved inappropriately with the victim on different occasions. The learned Additional Public Prosecutor further submitted that the investigation is still in progress and if the petitioner is released on bail at this stage, there is every likelihood that he may influence or intimidate the victim and other witnesses, which may hamper the investigation. The investigation is at initial stage. Hence, petitioner is not entitled to bail and prayed to dismiss this criminal petition. 6.

Considering the submissions made by both counsel and the material on record, the petitioner is in jail from 26.01.2026 and as seen from the record, Lws.1 to 10 are examined. Though the allegations against the petitioner are serious in nature, considering the period of incarceration and progress in

investigation, this Court deems it fit to grant regular bail to the petitioner subject to the following conditions : i. The petitioner shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum each to the satisfaction of the Junior Civil Judge-cum-Judicial Magistrate of First Class at Narsapur.

ii. The petitioner shall appear before the concerned SHO between 09.00 a.m and 5.00 p.m., on every Wednesday for a period of eight (8) weeks or till filing of charge sheet whichever is earlier, for the purpose of investigation, and thereafter, as and when required.

iii. The petitioner shall abide by the conditions stipulated in Section 483(2) of the BNSS.

7.

Accordingly, the Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 12.03.2026 Rds

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.2364 OF 2026 Date: 12.03.2026 Rds