Dr Y. Lakshmana Rao, J
1. The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/ Sole Accused on bail in Crime No.223 of 2025 of Parawad Police Station, Anakapalli District registered against the Petitioner/Sole Accused herein for the offences punishable under Section 75(2) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘the BNS’).
2. Heard the learned counsel for the petitioner, the learned Assistant Public Prosecutor and the learned Legal Aid Counsel for respondent No.2. Perused the record.
3. The petitioner is aged about 56 years and has been working as a Lecturer in Chemistry at Government Junior College, Parawada. The allegation against the petitioner is that he misbehaved with one of his female pupils. A case in Crime No.223 of 2025 was registered for the alleged offence punishable under Section 75(2) of ‘the BNS’. So far, seven witnesses have been examined, all of whom are material and official witnesses. Substantial portion of the investigation has been completed. The petitioner was arrested on 29.08.2025 and has been in judicial custody for the past 70 days. The learned Assistant Public Prosecutor submits that a similar case has been reported against the petitioner vie Crime No.220 of 2025, under the provisions of Section 12 of ‘the POCSO Act’ and Section 75(2) of ‘the BNS’. However, when the petitioner was produced before the learned Judicial Magistrate concerned, his remand was not accepted, and the investigating officer complied with Section 35(3) of ‘the BNSS’.
4. The petitioner has filed a document dated 18.11.2022 issued by the Commissioner of Intermediate Education, Andhra Pradesh, regarding a complaint lodged by him as a Junior Lecturer in Chemistry at Government Junior College, Yelamanchili, Anakapalli District. The document shows that the then Principal of the petitioner was subjected to certain disciplinary action and was transferred to another college on administrative grounds. Pending the disciplinary proceedings, the learned counsel for the petitioner contends that the said Principal of Government Junior College, Parawada, is the person who instigated the defacto complainant to lodge false reports against the petitioner in the two cases. A report has been received from the Medical Superintendent of the District Hospital, Anakapalli, stating that the petitioner suffers from high blood pressure, diabetes, and sleep apnea, and is under regular medication.
The petitioner has now been placed under suspension pursuant to his detention in judicial custody.
5. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Sole Accused, this Court is inclined to enlarge the Petitioner/Sole Accused on bail.
6. In the result, the Criminal Petition is allowed with the following stringent conditions:
i. The Petitioner/ Sole Accused shall be enlarged on bail subject to he executing a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only), with two sureties each for the like sum each to the satisfaction of the learned I Additional Junior Civil Judge-cum-XI Additional Metropolitan Magistrate, Anakapalli.
ii. The petitioner/Sole Accused shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court.
iii. The petitioner/Sole Accused shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned.
iv. The petitioner/Sole Accused shall not commit or indulge in commission of any offence in future.
v. The petitioner/Sole Accused shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required.
vi. The petitioner/Sole Accused shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer.
vii. The petitioner/Sole Accused shall surrender his passport, if any, to the investigating officer. If he claim that he do not have a passport, he shall submit an affidavit to that effect to the Investigating Officer.
