HYDERABAD: Making it clear that filing a chargesheet in a serious POCSO case does not automatically entitle an accused to bail, the Telangana High Court has held that the survivor’s statement, medical evidence and the possibility of the accused threatening or influencing her after release must also be considered.
Justice BR Madhusudhan Rao was hearing a criminal petition filed by Md Ghouse, seeking bail in a POCSO case registered at Khammam Two Town Police Station involving a 12-year-old girl.
Counsel for the petitioner argued that the allegations were false and that Ghouse had been implicated for political reasons. It was submitted that his name did not figure in the victim’s statement recorded under Section 183 of the BNSS and that the statement differed from the complaint. Counsel also pointed out that the complaint was lodged two days after the incident and argued that, with the investigation completed and chargesheet filed, there was no possibility of tampering with evidence.
Public Prosecutor Palle Nageshwar Rao opposed the bail plea, stating that on June 6, at around 5 pm, the accused had allegedly sexually assaulted the minor and, when she tried to escape, pushed her from the upper portion of an apartment, causing serious injuries. She was initially treated at a Khammam hospital and later shifted to Gandhi Hospital.
The prosecution also referred to the accused’s alleged previous involvement in criminal cases and said a rowdy sheet had been opened against him at Khammam Two Town Police Station.
The court observed that, apart from the possibility of tampering with evidence, the likelihood of the accused influencing the victim during the trial was an important consideration. Noting the seriousness of the allegations and the trial schedule fixed by the Sessions Court, it declined to grant bail and dismissed the petition.
