B V L N Chakravarthi, J
1. Heard Sri Surepalli Madhava Rao, learned counsel for the appellant/A1 and learned Additional Public Prosecutor representing the State/R1. No one appeared for the complainant/victim/R2 though she was intimated under Section 15A of the SCs & STs (PoA) Act on 21.11.2025.
2. The appeal is filed under Section 14A (2) of the SCs & STs (PoA) Act, 1989 challenging the order dated 27.10.2025 in Crl.M.P.No.1659 of 2025 in Crime No.216 of 2025 of Kadapa II Town Police Station.
3. The appellant was arraigned as accused No.1 in the above crime. The F.I.R. was registered on 13.09.2025 for the offence under Sections 318(4), 81, 351(2), 79 r/w 3(5) of BNS of 2023 and Sections 3(1)(r)(s) and 3(2)(va) of SCs & STs (PoA) Amendment Act, 2015.
4. The summery of the allegations, as per F.I.R. are that the appellant/A1 and the victim fell in love in the year 2017, later, the appellant made the victim to believe that he will marry her and performed certain things in the direction like exchange of garlands etc. Therefore, the victim believed the appellant promise to marry and cohabitated with the appellant for several years. The appellant has been postponing the marriage on some pretext or the other. Later, the cohabitation of the appellant and victim was revealed to the relatives, as well as parents of the appellant, and victim. One day i.e., on 05.08.2025 when the victim visited the house of the appellant to speak about the marriage with the parents of the appellant, the appellant assaulted the victim physically, and also abused her in the name of caste as alleged in the F.I.R.
5. The parents of the appellant also abused the victim in the name of caste as alleged in the F.I.R. Therefore, the victim realized that the appellant cheated her in the name of marriage and had sexual relation with her and later, refused to marry her and abused her in the name of caste, and hence, she presented the report to the police.
6. Learned Additional Public Prosecutor would submit that as on the day, seven witnesses were examined. Investigation Officer is awaiting for certain call data record (CDR) from the concerned service providers to conclude the investigation.
7. It is admitted fact that the present appellant/A1 was arrested on 20.09.2025 and he is in prison nearly sixty days. Investigation in the case is almost concluded, except receiving certain call data records from the service providers with regard to the conversations made between the appellant and the victim over mobile phone etc.
8. Considering the above facts and circumstances, this Court is of the considered opinion that the appellant/A1 can be released on bail, subject to certain conditions, to safeguard the interest of the victim also, setting aside the order of the learned trial Court under challenge.
9. In the result, the Criminal Appeal is allowed. The order dated 27.10.2025 in Crl.M.P.No.1659 of 2025 in Crime No.216 of 2025 of Kadapa II Town Police Station is set aside.
1. The appellant/A1 shall be enlarged on bail, on executing a personal bond for Rs.20,000/- (Rupees Twenty Thousand only), with two (02) sureties for a like sum each, to the satisfaction of the learned Special Court.
2. On such release, the appellant/A1 shall appear before the concerned Station House Officer on every second and fourth Saturday of the month, till filing of the charge sheet.
3. The appellant/A1 shall join the investigation.
4. The appellant/A1 shall not leave the country without permission of the Court.
5. The appellant/A1 shall not intimidate or annoy the victim or her family members in any manner.
6. If the appellant/A1 violate any of the above conditions, the prosecution is at liberty to file an application before the concerned Special Court seeking cancellation of the bail.
9. Accordingly, the Criminal Appeal is allowed.
As a sequel, interlocutory applications, if any, pending shall stand closed.
