CRLP/15109/2026 of Vankdavath. Rajendra Naik @ Islavath Rajendra @ Sai Vs The Station House Officer on 29 September 2026

ORDER

1. This memorandum of Criminal Petition is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) praying this Court to enlarge the petitioner – accused No.1 on bail in connection with Crime No.765 of 2026 of Vanasthalipuram PS, Malkajgiri District. The offences alleged against the petitioner – accused No.1 are under Sections 137(2), 64, 318(4), 316(2), 118(1), 126(2), 49 r/w 3(5) of BNS and Section 5(l) r/w 6 and Section 17 of POCSO Act, 2012.

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2. Heard Sri Kanna Nagaraju, learned counsel for the petitioner and Sri D.Arun Kumar, learned Additional Public Prosecutor appearing for the respondent - State.

3. Learned counsel for the petitioner submits remand case diary itself shows that the there is no evidence on record to prove the alleged offences of BNS and POCSO Act. Investigating agency is not fair and they have not followed the mandatory provisions of the BNSS/Cr.P.C in respect of registering FIR under audio and video electronic mode, so also the statement of LW2-victim is not recorded through the same mode. Petitioner – A1 belongs into Lambada community of Schedule Tribe and he is a law-abiding citizen, he is arrested and remanded to judicial custody on 02.07.2026 since then he is in jail. Petitioner – A1 filed bail petition [Crl.M.P.No.758 of 2026] before the learned Sessions Court which came to be dismissed on 24.08.2026. Entire investigation is completed and prayed to enlarge the petitioner – A1 on bail.

4. Learned Additional Public Prosecutor submits that prosecution has filed an application to record the statement of the victim under Section 183 of BNSS on 19.05.2026, since then it is pending and prayed to dismiss the petition.

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5. Ramavath Sagar has lodged a complaint before PS Vanasthalipuram on 21.04.2026 stating that his daughter XXX is studying GNM Nursing II year at Mamatha Nursing Home and she is staying in a hostel. Hostel authorities have called him and asked him to pay the college fee on which the complainant asked the authorities to give the phone to his daughter inturn they replied that his daughter left the hostel on 16.03.2026 due to holidays. Basing on the said complaint FIR came to be registered under Section 137(2) of BNS against unknown accused.

6. Petitioner – A1, A2 – V.Nikitha, A3-R.Vijaya were arrested on 02.07.2026 at 13.00 hours and were produced before the concerned magistrate for remand on the same day. Notice under Section 35(3) is given to A4-Dankya, A5-Kavitha, A6-Swaroopa.

7. It is stated in the remand case diary that Rajendra @ Sai with a malicious intention to fulfill his desire forced the victim to participate sexually with him, but she refused, in spite of it he had physical intercourse with her and they stayed in a room for three days. Victim girl realize that Rajendra @ Sai had deceived her by falsely representing himself as Sai and had brought her there under such false indentity. Rajendra @ Sai participated sexually with her for several times, they also stayed in a forest area in one night. On one day five persons came to the house and assaulted

BRMR,J Crl.P.No.15109 of 2026

the victim, they allegedly beat her on her back with a 5 kgs gas cylinder and Vijaya also punched on the victim girl chest with hands. Victim girl escaped and went to Macherla Police Station.

8. Remand Case Diary goes to show that respondent has examined 14 witnesses in support of the case, though application is made by the prosecution to record the statement of the victim under Section 183 of BNSS on 19.05.2026, since then it is pending. Petitioner – accused No.1 has almost completed more than 80 days in judicial custody and furthermore major portion of the investigation is completed, detaining the petitioner – A1 in judicial custody will not serve the purpose. Therefore, the petitioner – A1 is entitled to be enlarged on bail subject to the following conditions:

i. The petitioner – A1 shall execute a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties for a like sum each to the satisfaction of the learned VII Additional Metropolitan Magistrate, Cyberabad at Hayathnagar. ii. The petitioner – A1 shall appear before the concerned SHO between 10.00 a.m. to 05.00 p.m., on every Sunday for a period of eight (8) weeks or till filing of charge sheet whichever is earlier, for the purpose of investigation and thereafter, as and when required. iii. Petitioner – A1 shall not contact the victim.

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iv. The petitioner – A1 shall abide by the conditions stipulated in Section 437(3) of Cr.P.C. (presently, Section 480(3) of the BNSS). v. The petitioner – A1 shall not directly or indirectly influence, threaten, or induce any of the prosecution witnesses. vi. In the event of violation of any of the above conditions, the prosecution is at liberty to file an application for cancellation of bail.

9. Accordingly, this Criminal Petition is allowed.

Miscellaneous applications, if any pending, shall stand closed. .

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B.R.MADHUSUDHAN RAO, J Date: 29.09.2026 Dua

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THE HON’BLE SRI JUSTICE B.R.MADHUSUDHAN RAO

CRIMINAL PETITION No.15109 of 2026

DATE: 29.09.2026 Dua