I-ADJ, ATP., Crl.M.P.379 of 2022 Page No.

1 of 3

IN THE COURT OF THE I ADDITIONAL DISTRICT & SESSIONS JUDGE

ANANTHAPUR DISTRICT AT ANATNAPURAMU

Present : Sri S.Ramesh.,

Special Judge, designated for speedy trial
of offences under the Protection Of
Children from Sexual Offences Act-cum-
I Additional District and Sessions Judge,
Ananthapuramu.

Thursday, the twenty fourth [24th] day of March, 2022

CRIMINAL MISCELLANEOUS PETITION No.379 of 2022

======================================
[in Crime No.19 of 2022 of Hindupur II Town Police Station]

Between:

K.Naveed @ K.Naveed Ahemmed,

s/o.Kutubuddin, age 29 years,
R/o.Lakshmipuram,
Hindupur Town, Ananthapur District. ... ... Petitioner/ Accused,

AND

The State,
through its Sub-Inspector of Police,
Hindupur II Town Police Station,

Rep. by the Special Public Prosecutor,

I Additional Dist.& Sessions Judge’s Court,
Ananthapuramu. ... ... Respondent/ Complainant.

--o0o--
Subject : Petition filed under section 439 of Cr.P.C.
@@@@

The above numbered Petition is presented before me on 23-03-2022

for final hearing, in the presence of Sri M.Sudhakar- Advocate for
Petitioner and of Sri Kasanoor Vidyapathi- Special Public Prosecutor- for
Respondent, the matter having stood over for consideration till this day,
the court passed the following :

// O R D E R //
==========

The Criminal Miscellaneous Petition [Crl.M.P] is filed seeking Bail to

the Petitioner/ Accused.

[1]. Notice is given to Respondent, learned Special Public Prosecutor

strongly opposed the Petition.

[2]. Tersely, facts of the case [as per case record] are that__
 I-ADJ, ATP., Crl.M.P.379 of 2022 Page No.2 of 3

(i) The Petitioner [male, age 24 years] gave his mobile number and
asked the Victim [girl, age 17 years, minor, her name and identity is
concealed (or withheld) in view of the restriction under section 33(7) of
the Protection Of Children from Sexual Offences Act [No.32 of], 2012 as
amended by Act No.25 of 2019 w.e.f 16-08-2019 [in brevity ‘Pocso Act’] to
make a phone call and he used to talk over mobile, she expressed her
disinterest.

(ii). At about 07-30 a.m. on 25-01-2022 while she was waiting for college
bus, the Petitioner came in a car bearing No.KA 02 MD 398, asked her to
follow saying that he would marry, she refused and chastised, he
threatened her that if she did not accept, he would commit suicide or he
would kill her brother and parents and then kidnapped her, taken her to
Penukonda, stayed at Darga as pilgrims till 09-02-2022. At about ‘6’ p.m.
on 09-02-2022 while he was sleeping, she is able to escape from his
clutches.

(iii). On receiving the report from father of the Victim, the Sub-Inspector
of Police, Hindupur II Town P.S. registered the case as Crime No.19 of
2022 under the head ‘Girl Missing’, took-up investigation, got recorded
statement of the Victim through Woman Sub-Inspector of Police, recorded
statements of some of the witnesses, arrested the Petitioner, forwarded
him to the court for remand on 10-02-2022.

[3]. Heard the arguments of learned Counsel for Petitioner and the Special
Public Prosecutor.

[4]. Learned counsel argued that the Petitioner is innocent of the alleged
offence, he neither harassed nor threatened the victim girl at any point of
time, he was falsely implicated in the case, the Petitioner is in judicial
custody from 10-02-2022, and therefore he may be granted bail.

In reply learned Special Public Prosecutor opposed the Petition

stating that the Petitioner involved in a heinous crime against a minor girl,
there are chances of gaining over the witnesses and cause obstruction to
the investigation, in case if the petitioner is enlarged on bail at this stage.

[5]. Perused the record. As per the case diary, there is no sexual assault,
about ‘5’ witnesses are examined, it shows that Investigation is in
progress though not complete, the Petitioner is in judicial custody from 10-
02-2022 onwards i.e., since 15 days.
 I-ADJ, ATP., Crl.M.P.379 of 2022 Page No.3 of 3

Considering all the case facts and circumstances, on hearing the

arguments, remand period of the petitioner, the court is inclined to grant
bail to the petitioner.

[6] As result, the Petition is ALLOWED, the Petitioner/ Accused is

ordered to be enlarged on bail on executing his personal bond for
₹20,000/- (₹ twenty thousands only) with ‘2’ sureties each for the like sum
to the satisfaction of this court.

Typed to my dictation, corrected and pronounced by me in open

court, on this the 24th day of March, 2022.

Sd/- S.Ramesh,
Special Judge, designated for speedy
trial of offences under the Protection
Of Children from Sexual Offences Act,
-cum-I Additional District & Sessions
Judge, Ananthapuramu.
Copy to:
The SHO of Hindupur II Town Police Station.