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/Accused on bail in Crime No.231 of 2024 of Badvel Police Station, Y.S.R District, registered against the Petitioner/Accused herein for the offences punishable under Sections 64 and 103 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘the BNS’) and Section 3 read with 4 of the Protection of Children From Sexual Offences Act, 2012 (for short ‘the POCSO Act’).
2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record.
3. Mr. M.Siva Prasad, the learned counsel for the petitioner submits that the petitioner is innocent. He has not committed any offence. He has been falsely implicated in this case. He is a law abiding citizen. He has got fixed abode. The learned counsel for the petitioner further submits that there is no date of birth proof of the deceased/victim. He is ready to abide by any condition which this Court deems fit to enlarge the petitioner on bail and it is urged to allow the criminal petition.
4. Per contra, Ms. P.Akila Naidu, learned Assistant Public Prosecutor submits that the petitioner has raped and murdered of a minor girl. After thorough investigation, charge sheet has been filed. The schedule is going on before the learned Trial Court and it is urged to dismiss the petition.
5. As seen from the record, the petitioner was arrested on 21.10.2024. He has been in judicial custody for the past 13 months. The respondent No.2/victim is a minor girl. She was brutally raped and murdered. After thorough investigation, charge sheet has been filed. The case was numbered as S.C.No.3 of 2025. The learned Trial Court issued schedule in S.C.No.3 of 2025. The trial is going on. So far 10 witnesses of the prosecution are examined. There is a dying declaration of the victim/respondent No.2 to supported the case of the prosecution.
6. In view of the ongoing trial, gravity and nature of the allegations levelled against the petitioner, this Court is not inclined to grant bail to the petitioner. Hence, the criminal petition is dismissed.
7. In the result, the Criminal Petition is dismissed.
