Janapala Akhil v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA MAIN CASE: Crl.A.No.1205 of 2025 PROCEEDING SHEET Sl.

No.

DATE

ORDER

OFFICE NOTE 22.06.2026 SKS, J I.A.No.2 of 2025 This Interlocutory Application is filed with a prayer to grant bail to the petitioner dated 07.07.2025 passed in S.C.PCS.No.307 of 2021 by the learned Special Sessions Judge for Trial of Cases under the Protection of Children from Sexual Offences Act, 2012-cum-XII Additional Sessions Judge, Hyderabad. The accused is convicted for the offences under Section 5(1) read with Section 6 of the POCSO Act and Sections 376(2) and 420 IPC, and is sentenced to undergo rigorous imprisonment for 20 years with a fine of Rs.5,000 (in default, 6 months' simple imprisonment) for the POCSO offence, and simple imprisonment for 5 years with a fine of Rs.2,000 (in default, 3 months' simple imprisonment) for the offence under Section 420 IPC; the period of judicial custody already undergone shall be set off under Section 428 Cr.P.C. against the substantive sentence.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor.

Learned counsel for the petitioner submitted that though there is no evidence on record to prove the allegations against the petitioner, the trial Court erroneously convicted the petitioner and that he is having good grounds to succeed in the appeal and the final hearing of the appeal may be taken considerable time. Therefore, he prayed the Court to allow this petition.

On the other hand, the learned Additional Public Prosecutor appearing for respondent, opposed the bail petition, contending that there is no illegality in the order of the trial Court and that the trial Court has rightly passed the impugned order. He further submitted that there are one other cases pending against petitioner.

Therefore, while advocating that there is ample evidence on record against the petitioner, he prayed the Court to dismiss the petition.

Perused the contents of the affidavit filed in support of the petition.

Having regard to the rival submissions and on perusal of the material on record, this Court finds that the petitioner has made out a prima facie case for suspension of judgment, particularly in view of the grounds urged in the appeal.

Considering the facts and circumstances of the case, this Court is of the view that the sentence of imprisonment can be suspended pending disposal of criminal appeal, subject to conditions.

In the result, the sentence imposed on the petitioner/accused dated 07.07.2025 passed in S.C.PCS.No.307 of 2021 by the learned Special Sessions Judge for Trial of Cases under the Protection of Children from Sexual Offences Act, 2012-cum-XII Additional Sessions Judge, Hyderabad, is hereby suspended pending disposal of the criminal appeal, subject to the petitioner executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand Only) with two sureties of the like sum each, to the satisfaction of the Special Sessions Judge for Trial of Cases under the Protection of Children from Sexual Offences Act,

2012-cum-XII Additional Sessions Judge, Hyderabad.

During bail, petitioner/appellant/ accused shall not indulge in any criminal acts, and in case of failure to do so, the respondent - State is at liberty to file petition for cancellation of bail. ADMIT.

List on 30.07.2026.

In the meantime, Registry is directed to call for record from the trial Court and prepare paper book and place before this Court.

_______ SKS, J SAI