Andhra Pradesh High Court - Amravati
K Mohan vs The State Of Andhra Pradesh on 1 April, 2025
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IN THE HIGH COURT, OF ANDHRA PRADESH AT AMARAVATI
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TUESDAY, THE FIRST DAY OF APRIL te#
TWO THOUSAND AND TWENTY FIVEtrfrf
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:PRESENT:
THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO
CRIMINAL PETITION NO: 2313 OF 2025 grf
Between :
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K.Mohan, S/o K. Velar,I aged 26 years, R/o Kavetipuram Harijanawada
village, Nagari MandaI, Chittoor District, Andhra Pradesh. \#
... petitioner/Acc&ffs#ed
AND
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The State of Andhra Pradesrtyr R`epresented by its Publl'c Pros:cutor, High
court Buildings, Amaravati, through the Nagari Urban Polig Station, Nagari,
Nagari Mandal, Chittoor District, Andhra Pradesh. L<\fr#
..IRespondent
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petition under section 480 & 483 of BNSS (Old Section 437 atwh~d 439
of cr.p.c.) is filed praying that in the circumstances stated in the
memorandum of grounds filed in support of the Criminal Petition, the High
Court me;£ be pleased to enlarge him on bail in connections with the Crime
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No.17/2025 dated 23-01¥025 for offence under Sections 75 (2), 76 of BNS &
Section 9 (m) I/w 10 of POCSO Act, 2012 of Nagari Urban Police Station,
Nagari, Chittoor District, by imposing any conditions and he undertakes to
comply the same. of
The petition coming on for hearing, upon perusing the Petition and the
memorandum of grounds filed in support thereof and upon hearing the
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arguments of SRI APPAVU MUNIRAJ Advocate for the Petitioner, and of
PUBLIC PROSECU±OR for the Respondent, and the Court made the
following
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APHCOIO111152025 I,
lN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATl [3369]
(Special Original Jurisdiction)
TUESDAY, THE FIRST DAY OF APRIL
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO
CRIMINAL PETITION NO: 2313/2025
Between:
K Mohan ...PETITIONER/ACCUSED
AND
The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused:
1.APPAVU MUNIRAJ
Counsel for the Respondent/complainant
1.PUBLIC PROSECUTOR
The Court made the following:
ORDER:
This Criminal Petition, u/See.480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/accused, seeking bail, in Crime No.17/2025 of Nagari UPS, Chittoor District.
2. A case has been registered against the petitioner for the offence punishable u/Sec.75(2), 76 B.N.S and Sec.9(m) r/w 1 O of POCSO Act 2012.
3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor representing the respondent/State.
4. Case of the prosecution, in brief, is that, one K.Mukundam who is the complainant herein is an auto driver by profession and he married one .±--
2Bhuvaneswari on 27.01.2021 and they begot two daughters namely Dhanusree, 3 years and Daisy 1 1/2 years. The complainant used ply auto every day and during that time the accused took his elder daughter Dhanusree, while she was at her residence, tO his house and kissed her and also touched her body and behaved in indecent manner and it was not disclosed her. on 20.01.2025 the accused handed over his mobile Phone tO the complainant requesting to download a movie and when the complainant opened the mobile, he noticed the accused was kissing his daughter and his daughter was kissing the accused. Immediately the accused deleted the same. on 22.01.2025, when the wife of the COmPlainant bathing her daughter Dhanusree and asked her about the accused, then the Said girl stated that the accused kissed her and disrobed her and touched her breast and entire body and also touched her private parts and also photographed her. Accused threatened to beat her if she discloses the Same tO any body. Then the wife of the complainant made Phone Call tO the COmPlainant and when the complainant came to house, his daughter disclosed the same to the complainant. Then the complainant gave report to police and during the course of investigation, arrested the accused on 24.01.2O25 and got remanded him to judicial custody.
5. Heard. Perused the record.
6. Learned counsel for the petitioner subm'ltS that the Petitioner has been in judicial custody from 24.01.2025 and most of the investigation might have 3 I, been completed and the statutory period of 60 days was completed and Prays tO enlarge the petitioner on bail.
7. Learned Assistant Public Prosecutor submits that I'nVeStigatiOn in this case was not completed and that the petitI'Oner has no antecedents and submitted that the Court may pass approprllate Orders.
8. After careful observation of the material on record and submissions made on behalf of both sides, it shows that the petitioner has been in judicial custody from 24.01.2025 and investigation is not completed. Learned counsel for the petitioner submits that the crl'me was registered under Section 10 of POCSO Act against the petitioner and a reading of section 10 of pocso Act suggests that punishment provided extends to seven years but llt shall not be less than five years. considering the submissions made on behalf of the prosecution that the charge sheet has not been filed wl'thin the prescribed time and in view of sect'lon 187 (3) of B.N.S.S., the petitioner gi-c---a is entitled for default bail.
9. ln the result, the criminal petition is allowed with the following conditions:
(i) The petitioner/accused herein shall be released on his executing a personal bond for Rs.10,OOO/- (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the learned Judicial First Class Magistrate, Nagari, Chittoor District;
(ii) On release, the petitioner shall appear before the station House Officer concerned on every sunday between 10.00 a.m. and 01.00 p.m., for a perI'Od Of two (02) months.
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(iii) the petitioner shall not tamper with the evidence and hamper the investigation and shall cooperate for invest'lgation.
SD/- M.PRABHAKARA RAO
ASSISTANT STRAR
/ITRUE COPY//
SECTl
To,
1. The Station House Officer, Nagari U#ail Police Station, Nagari, Nagari £`t 5`rfe=is`rfuti Mandal, Chittoor District, Andhra Pradesh. .I.... I
2. The Judicial First Class Magistrate, NagaF-i, Nagari Mandal, Chittoor Distr'lct, Andhra Pradesh. \strd~ ` -.`._-.-
3. The Superintendent, Chittoor District Jail, Chittoor District.
4. One CC to SRl. APPAVU MUNIRAJ, Advocate [OPUC]
5. Two CCs to PUBLIC PRO#CUTOR, High Court of Andhra Pradesh. [OUT]
6. One spare copy KN A .
HIGH COURT TMR]J DATED :01 /04/2025 ORDER CRLP.No.2313 of 2025 ALLOWED Rig+ €r .`9` ``