Bandari Sampath 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.15684 of 2025 DATE: 05.12.2025 Between:

Bandari Sampath .... Petitioner/accused AND The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad and another .... Respondents/Complainant ORDER:

This criminal petition is filed seeking enlargement on bail by the petitioner, who is arrayed as accused in SC.(POCSO).No.25 of 2024 on the file of the learned First Additional Sessions Judge, Hanumakonda. The offences alleged against the petitioner are under Sections 376(1), 323, 506 of the IPC and Sections 3 r/w 4 of the POCSO Act.

2.

The brief facts of the case are that the petitioner herein was remanded to the judicial custody on execution of NBW on 29.05.2025 and thereafter, the petitioner herein filed a bail petition before the trial Court, which was also dismissed, on the ground, that the petitioner is not cooperating with the trial Court and he is changing the advocates and taking time and did not advanced the arguments.

3.

Heard Sri V. Raghunath, learned Senior counsel representing Sri Nancharla Murali, learned counsel for the petitioner and Sri D. Arun Kumar, learned Additional Public Prosecutor appearing for the respondent No.1-State. 4.

Learned counsel for the petitioner submitted that the petitioner herein was arrayed as an accused in SC.(POCSO).No.25 of 2024. It is further submitted that the petitioner has filed second bail petition before the trial Court and also has filed Memo along with Photostat copies of medical record of his mother and the same was dismissed and he filed the bail petition before this Court, as such, he has not advanced the arguments. It is further submitted that the petitioner's mother is suffering with cancer and he has to take

care of his mother. Therefore, he 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 stating that the petitioner is not cooperating with the trial Court and it is a special SC POCSO case. It is further submitted that, even after remanding to the judicial, he is dragging the matter by changing the counsels, which itself shows that the petitioner is not cooperating with the trial Court and prayed to dismiss this petition.

6.

Having regard to the submissions made by both the learned counsel and the material on record, the petitioner herein is in jail from May, 2025 and the contention of the learned counsel for the petitioner is that the petitioner's mother is suffering with cancer and he has to take care of his mother. Considering the facts and circumstances of the case and the condition of the petitioner's mother and the period of incarceration of petitioner in jail, this Court deems it fit to grant bail to the petitioner/accused subject to the following conditions:

i.

The petitioner/accused 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 learned I Additional Sessions Judge, at Hanumakonda.

ii.

The petitioner/accused shall appear before the trial Court on every adjournment and if any application is filed by the victim that the petitioner is threatening the victim, the learned Additional Public Prosecutor is at liberty to file the cancellation of bail.

iii.

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

7.

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

_______________ K. SUJANA, J Date: 05.12.2025 TU

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.15684 2025 Date:05.12.2025 TU