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IN THE COURT OF SPECIAL JUDGE FOR SPEEDY TRIAL OF OFFENCES UNDER
POCSO ACT,2012:: NELLORE.
(COURT OF SESSION: NELLORE DIVISION:NELLORE)
Present: MS.SAILAJA KAMPALLE
Special Judge for Speedy Trial Offences under POCSO Act-2012, NELLORE.
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Friday, this the Fifteen (15th) day of May 2026.
Crl.M.P.No. 360 of 2026.
Crime No.36 of 2026 of Kota police station. Between: Devalla @ Devandla Manikanta, S/o.Devalla @ Devandla Chandraiah, aged about 18 years, R/o.YSR Colony, Jangamaheswara Puram village,
Gurajala Mandal, Palnadu District. ... Petitioner/Accused .
And: State Represented by Sub Inspector of POlice, Kota Police Station.
... Respondent/complainant.
This petition is coming on 12.05.2026 for final hearing before me in the presence of Sri Eragadindla Venkateswarlu, Dr.Samadi Suresh Babu, Adike Supriya and Sri Irla Malyadri Advocates for the petitioner/Accused and of Sri D.Chandra Sekhar, Special Public Prosecutor for the respondent/complainant and upon hearing both sides, this Court is having stood over for consideration till this date and this Court delivered the following:
O R D E R
This bail application is filed under Section 483 BNSS to enlarge petitioner/Accused on regular bail in Crime No.36/2026 of Kota Police Station 2 of 4 for the offences punishable under Sections 65 (i), 127 (3), 137 (2) BNS, Section 5
(l) r/w 6 of POCSO Act, 2012 and Section 3 (2) (v) of SCs & STs Act.
2.The brief case of the prosecution is that the accused acquainted with victim girl, who belongs to ST community through instagram app in the name of love and visited village of victim girl and induced victim girl with deceitful words of accused and kidnapped victim girl and taken her to
Jangalamaheswarapuram village, Gurajala Mandal, there wrongfully confined victim girl in the absence of his parents and committed aggravated penetrative sexual assault repeatedly and initially this case was registered under the head of girl missing and later after tracing of victim girl, the section of law was altered. Hence, the case of prosecution.
3.Notice given to the learned Special Public Prosecutor, who opposed the bail application.
4.The learned counsel for the petitioner submitted that petitioner is falsely implicated in this case on the false allegations levelled against him by the defacto complainant. As a matter of fact, petitioner and the victim girl were known to each other and they have friendly terms and due to quarrel with the parents of victim girl, she voluntarily left her house and came to the residence of petitioner on her own accord and petitioner neither induced or coerced or 3 of 4 abducted victim girl at any point of time and further victim girl stayed for short duration and voluntarily returned to her home, as such there was no offence was committed by the petitioner/accused and learned counsel for petitioner/accused further submitted that the concerned police illegally detained petitioner from 22.03.2026 to 14.04.2026 without being produced
before the concerned magistrate within stipulated time for judicial remand
purpose and learned counsel for petitioner/accused further submitted that petitioner had fixed abode and fleeing from justice does not arise and petitioner is ready to furnish sufficient sureties to the satisfaction of the Court and willing to obey the conditions if any as imposed by the court while granting regular bail to the petitioner/accused and prayed to grant regular bail to the petitioner.
5.The learned Special Public Prosecutor opposed this bail application on the ground that the investigation in this case is still pending.
6.Now the point for determination is:
Whether the petitioner/accused can be enlarged on regular bail U/sec.483 BNSS or not? Point:-
7.Perused the C.D file. As seen from the case diary file, it is clear that it is the case of aggravated penetrative sexual assault repeatedly on minor victim girl, who belongs to ST community. Further it is clear from the record 4 of 4 that though investigation agency had examined 9 witnesses so far, still the investigation is pending for conduct of potency test on the accused and to get final opinion from the concerned doctors and also to obtain caste certificate of accused from the concerned Tahsildhar. Therefore, by considering the gravity of the offence and stage of investigation in this case, this Court is not inclined to grant regular bail to the petitioner/accused. Accordingly, this petition is dismissed.
8.In the result, this petition is dismissed.
Dictated to the Stenographer Grade-III,transcribed by him, corrected and
pronounced by me in the Open Court on this the 15 th day of May 2026.
Sd/- Sailaja Kampalle,
Special Judge for Speedy Trial of Offences
under POCSO Act, 2012, Nellore. Copies to—
1) The Judicial Magistrate of I Class Kota.
2) The Special Public Prosecutor, Special Court for speedy Trial of Offences under POCSO Act, Nellore.
3) The Station House officer, Kota Police station.
4) Sri Eragadindla Venkateswarlu, Advocate for the petitioner/Accused .
// True Copy //
Sd/-XXXXXXXXXXXXX
Chief Administrative Officer, Court of Special Judge for Speedy Trial of Offences under POCSO Act, 2012, Nellore.