The Telangana High Court has refused to grant interim protection from arrest to Bandi Sai Bageerathh, son of Union Minister of State for Home Affairs Bandi Sanjay Kumar, in a case registered under the provisions of the Protection of Children from Sexual Offences (POCSO) Act.
The single-judge Bench of Justice T Madhavi Devi passed the oral order on Friday after an extended hearing that continued late into the night. The Court observed that, considering the volume of documents, case law authorities and materials placed on record, it was not in a position to pass a final order immediately. However, after briefly examining the victim’s statement, the Bench stated that it was not inclined to grant interim relief restraining the police from arresting the petitioner at this stage.
Bageerath moved the High Court seeking anticipatory bail and a direction that he be released on bail in the event of arrest in connection with an FIR registered on May 8 at Petbasheerabad Police Station. The FIR invoked provisions of the POCSO Act and the Bharatiya Nyaya Sanhita relating to allegations of sexual assault against a minor girl.
At the commencement of the hearing, the Court expressed concern over alleged social media commentary and online allegations directed at the judiciary in relation to the case. The Bench orally remarked that it was distressed by attempts to create controversy surrounding the proceedings and clarified that such campaigns would not deter the Court from adjudicating the matter in accordance with law.
Senior Advocate S Niranjan Reddy, appearing for the petitioner, submitted that anticipatory bail could be granted even in POCSO cases and relied on judicial precedents where interim protection had been extended in similar matters. He argued that even if the allegations contained in the complaint were accepted at face value, the ingredients necessary to attract offences involving penetrative sexual assault under the POCSO Act were not made out.
The senior counsel further contended that the allegations were subsequently improved during the course of investigation after legal consultation and that the original complaint did not contain accusations amounting to penetrative sexual assault. He submitted that the subsequent additions created doubt regarding the prosecution version and argued that the petitioner was willing to cooperate with the investigation. It was also clarified that the petitioner was not seeking quashing of the FIR but only anticipatory bail pending investigation.
Opposing the plea, counsel appearing for the State submitted that the victim was presently a minor and argued that no case for the grant of anticipatory bail was made out in a prosecution involving serious allegations under the POCSO Act. The State also informed the Court that the investigation was continuing.
Counsel appearing for the complainant, who is the mother of the victim, opposed grant of interim protection and argued that the complaint contained specific allegations disclosed by the victim. It was further contended that the petitioner belonged to an influential political family and there existed apprehensions regarding the impact such influence could have on the investigation and the victim.
During the hearing, the Court orally observed that adjudication of the anticipatory bail plea would be based strictly on legal principles and not on public perception or social considerations. The complainant’s counsel also informed the Court that two other FIRs had allegedly been registered against the petitioner earlier.
In rejoinder submissions, Senior Advocate Reddy denied allegations that the petitioner’s family had exercised political influence in the investigation. He argued that developments in the investigation itself demonstrated absence of any interference on behalf of the petitioner’s family.
The High Court had earlier indicated that it would hear the victim before passing orders on the plea for interim protection. A detailed order in the matter is awaited.
According to reports placed before the Court, the Government of Telangana has directed the Director General of Police (DGP) to constitute special investigation teams for conducting a comprehensive probe into the allegations. Bageerath has not been arrested so far.
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