Sapogu Phani Kumar v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.12263 of 2025 ORDER:

Seeking the Court to enlarge the petitioner, who arrayed as Accused in Crime No.172 of 2025 of Lalaguda Police Station, Hyderabad, on bail, the present petition is filed. 2 .

The brief facts of the case are that, on 24.08.2025, the defacto complainant lodged a report stating that the petitioner had misbehaved and sexually exploited her minor daughter, and accordingly requested the police to take necessary action. Based on the said complaint, a case was registered vide Crime No.172 of 2025 for the offences punishable under Sections 75(2) of BNS and Section 7 read with 8 of POCSO Act.

3.

Heard Sri Prashanth Gadipe, learned counsel appearing for the petitioner as well as Sri D. Arun Kumar, learned Additional Public Prosecutor appearing on behalf of the respondent-State. 4.

Learned counsel for the petitioner submitted that the petitioner is innocent of the said allegations and there is a delay of two days in lodging the report. He further submitted that the petitioner was arrested on 25.08.2025 and has remained in

custody since then and a substantial portion of the investigation has already been completed and both the offences are punishable with an imprisonment for below seven years. Therefore, prayed the Court to grant bail to the petitioner by allowing this criminal petition.

5.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner, contending that the allegations against the petitioner are heinous in nature and that the investigation is still ongoing, releasing the petitioner on bail at this stage may lead to tampering with evidence or intimidation of witnesses and prayed the Court to dismiss the criminal petition.

6.

In light of the submissions made by both the learned counsel and upon a perusal of the material available on record, it is evident that the petitioner has been in judicial custody since 25.08.2025. Considering the overall facts and circumstances of the case, including the nature of the allegations, the stage of investigation, and the duration of incarceration, this Court finds it appropriate to grant 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 learned Junior Civil Judge-cum-Judicial First Class Magistrate at Hyberabad.

ii.

The petitioner shall appear before the concerned SHO at 11:00 a.m., on every Monday for a period of eight (8) week 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 437(3) of Cr.P.C.

(presently, Section 480(3) of the BNSS).

7.

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

_______________ K. SUJANA, J Date: 23.09.2025 SS

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.12263 of 2025 Date: 23.09.2025 SS