Andhra Pradesh High Court – Amravati
T Tharun vs The State Of Andhra Pradesh on 31 March, 2026
APHC010156672026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3396]
(Special Original Jurisdiction)
TUESDAY, THE THIRTY FIRST DAY OF MARCH
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 2398/2026
Between:
1. T THARUN, S/O T. MOGILAIAH, AGED ABOUT 23 YRS, R/O KOTHA
VENKATAPURAM VILLAGE, THAMBUGANIPALLI PANCHAYATH,
BANGARUPALEM MANDAL, CHITTOOR DISTRICT.
...PETITIONER/ACCUSED
AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC
PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AT
AMARAVATI.
2. MOTHER OF VICTIM, G
...RESPONDENT/COMPLAINANT(S):
Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS
praying that in the circumstances stated in the Memorandum of Grounds of
Criminal Petition, the High Court
Counsel for the Petitioner/accused:
1. D PURNACHANDRA REDDY
Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 2398/2026
ORDER:
This Criminal Petition, under Sections 480 and 483 of the BNSS, has
been filed by the Petitioner herein/Accused, seeking regular bail, in Crime
No.13 of 2026 of Bangarupalem Urban Police Station, registered for the
offences punishable under Sections 96, 64(1), 127(2), 351(2) of the Bharatiya
Nyaya Sanhitha (for short “BNS”) and Section 4 r/w 3 (a) of POCSO Act.
2. The case of the prosecution in brief, is that since one year prior to
19.01.2026, the accused lured the victim girl who is aged about 17 years with
deceitful words that he is loving her. In December, 2025, when no one present
at victim’s home, the accused came to her house and on the pretext of
marriage forcibly committed rape against her. Further on 18.01.2026 evening,
the accused forcibly took the victim minor girl to Kanipakam temple where
they stayed temple choultry from night of 18.01.2026 till the morning of
20.01.2026. During the said period, when the victim expressed her desire to
return home, accused threatened her with dire consequences. On 20.01.2026,
taking advantage of the accused’s absence, victim escaped and returned to
her home.
3. Heard Sri D.Purna Chandra Reddy, learned counsel for the
petitioner/accused and Mrs.K.Priyanka Lakshmi, learned Assistant Public
Prosecutor representing on behalf of the State. Learned Assistant Public
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Prosecutor would submit that the notice to the defacto complainant is served
through police and got instructions to submit arguments in this matter.
4. Learned counsel for the petitioner would submit that initially, on the
complaint made by the mother of the victim, a girl missing case was registered
and on the very next day, the mother of the victim produced the victim girl
before the police and later the section of law is altered to Sections 96, 64(1),
127(2), 351(2) of the BNS and Section 4 r/w 3 (a) of POCSO Act. Learned
counsel for the petitioner would submit that the petitioner herein is a 23 year
old boy and the victim girl is aged about 17 years. As per the remand report,
the age of the victim is shown as 16 ½ years as per the Aadhaar Card. He
would further submit that investigation is completed and charge sheet is also
filed in this matter. It is a case of elopement backed by love affair between the
petitioner/accused and the victim girl. Learned counsel for the petitioner would
further submit that the complaint averments would show that the girl has
studied upto Intermediate and residing in the house. She may be a major also.
Learned counsel for the petitioner finally prays to allow the petition by
imposing any conditions.
5. Learned Assistant Public Prosecutor would submit that the investigation
is completed in this matter. Charge sheet is also filed. There are no criminal
antecedents against the petitioner. She finally submits that the Court may
pass appropriate orders.
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6. Considering the submissions made and a fair look at the material
placed on record, there is some force in the contention of the learned counsel
for the petitioner that only as per the date of birth mentioned in the Aadhaar
Card, the age of the girl is 16 ½ years. It is a case where the petitioner and the
victim girl eloped for the purpose of marriage and after coming to know that
her mother has given a complaint, she came back. Investigation is completed
and charge sheet is also filed. In view of the peculiar facts and circumstances
of the present case, this Court is inclined to release the petitioner/accused on
bail on the following conditions:
i. The petitioner/accused shall execute a personal bond for a sum of Rs.
20,000/- (Rupees Twenty Thousand only) with two sureties for a like
sum each, to the satisfaction of the learned Principal Junior Civil
Judge-cum-Judicial Magistrate of First Class, Chittoor.
ii. The petitioner/accused shall not directly or indirectly tamper with
evidence nor influence, intimidate, or induce any prosecution witness.
iii. The petitioner/accused shall surrender his passport, if any, to the
Investigating Officer. If he claims that he does not have a passport, he
shall submit an affidavit to that effect to the concerned Court.
iv. The petitioner/accused shall not leave the country without the express
permission from the concerned Court.
v. The petitioner/accused shall attend before the Trial Court for every
adjournment without fail.
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7. In the event of violation of any of the above conditions, the prosecution
shall be at liberty to seek cancellation of bail.
8. It is also made clear that the observations made in this order are only for
the purpose of deciding the bail application and they shall not be construed as
opinion on the merits of the Crime.
9. Accordingly, this Criminal Petition is allowed.
As a sequel thereto, the miscellaneous applications, if any, pending in
this Criminal Petition shall stand closed.
__________________________________________
DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Date: 31.03.2026.
UPS
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 2398/2026
Dt.31.03.2026
UPS