Andhra Pradesh High Court - Amravati
CRLA/315/2026 on 4 May, 2026
1 HIGH COURT OF ANDHRA PRADESH :: AMARAVATI Main Case No: Crl.A.No.315 of 2026 PROCEEDING SHEET Sl. OFFICE No. Date ORDER NOTE
01. 04.05.2026 BVLNC,J I.A.No.01 of 2026 Heard Sri Nageswara Rao Chava, learned counsel for the petitioner/appellant/ convict through video conference and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing the State.
Petitioner is the sole accused in POCSO Sessions Case No.41 of 2025 on the file of the learned Special Judge for Speedy Trial of Offences under Protection of Children from Sexual Offences Act, Nellore.
Learned counsel for the petitioner would submit that the petitioner/convict was convicted for the offence under Sections 354, 354A(1)(i), 354C & 506 IPC and Section 11(i)(v) r/w 12 of POCSO Act, 2012 and accordingly, he was convicted and sentenced to undergo rigorous imprisonment for a period of three (03) years and to pay a fine of Rs.5,000/- (Rupees Five Thousand only), in default, shall undergo simple imprisonment for a period of two (02) months for the offence under Section 11(i)(v) r/w 12 of POCSO Act, 2012. (Contd..) 2 He was further sentenced to undergo rigorous imprisonment for a period of three (03) years and to pay a fine of Rs.1,000/- (Rupees One Thousand only), in default, shall undergo simple imprisonment for a period of one (01) month for the offence under Section 354 IPC.
He was further sentenced to undergo rigorous imprisonment for a period of three (03) years and to pay a fine of Rs.1,000/- (Rupees One Thousand only), in default, shall undergo simple imprisonment for a period of one (01) month for the offence under Section 354A (1)(i) IPC.
He was further sentenced to undergo rigorous imprisonment for a period of two (02) years and to pay a fine of Rs.2,000/- (Rupees Two Thousand only), in default, shall undergo simple imprisonment for a period of two (02) months for the offence under Section 506 IPC.
Learned counsel for the petitioner/appellant would further submit that the petitioner paid the fine amount and filed original receipt along with the appeal grounds.
Learned counsel for the petitioner/appellant would further submit that the petitioner was released on bail by the learned trial Court under Section 389(3) of (Contd..) Cr.P.C., corresponding to Section 430(3) of 3 BNSS, 2023 to enable him to file the appeal. The appellant preferred the appeal, challenging the judgment on various grounds. He would further submit that the sentence of imprisonment imposed by the learned trial Court is a fixed sentence for a period of three (03) years, and there is a fair chance to succeed in the appeal and there is no possibility of taking the appeal in the near future. Considering the circumstances, the order of sentence of imprisonment imposed by the trial Court may be suspended, pending disposal of the appeal.
Learned Assistant Public Prosecutor opposed the application. However, no written objections filed.
Considering the submissions, facts of the case and as the sentence of imprisonment imposed by the trial Court is fixed a sentence of three (03) years, and as there is no possibility of hearing the appeal in the near future, "the order of sentence of imprisonment alone imposed by the learned Special Judge for Speedy Trial of Offences under Protection of Children from Sexual Offences Act, Nellore, vide judgment dated 01.04.2026 passed in POCSO S.C.No.41 of 2025 be suspended, pending disposal of the appeal, subject to (Contd..) the same terms and conditions imposed 4 by the learned trial Court in the application filed U/s.389(3) of Cr.P.C., 1973 equivalent to Section 430(3) of BNSS, 2023 in addition to the following conditions":
i) The petitioner/appellant shall not leave the country without permission of the Court.
ii) The petitioner/appellant shall not visit/contact, intimidate or annoy the victim or her family members in any manner.
iii) If the petitioner/appellant violates any of the above conditions, the prosecution is at liberty to file an application seeking cancellation of the bail.
Accordingly, the application is ordered.
________ BVLNC,J Crl.A.No.315 of 2026 Heard. Admit.
Call for Trail Court record. Registry is directed to take steps for preparation of paper booklet, as soon as trial Court record is received.
List the matter in the month of August, 2026 in usual course.
________ BVLNC,J NOTE: Issue C.C. by 04.05.2026 B/o.
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