Bail granted with stringent conditions to Gotiga Raj Kumar @ Raju, accused of threatening a minor and trespassing, citing completed investigation and absence of flight risk.
In a significant ruling, the Telangana High Court has granted bail to Gotiga Raj Kumar @ Raju, accused under the Protection of Children from Sexual Offences (POCSO) Act, despite opposition from the prosecution. The decision, delivered by Justice Smt K. Sujana, addresses the petition filed by the accused, who has been in custody since May 23, 2026, following allegations involving a minor girl.
The case, registered under Crime No.570 of 2026 at the Attapur Police Station, Hyderabad, charges the petitioner with offenses under Sections 77, 78, 79, 352, 351(2), and 329(4) of the Bharatiya Nyaya Sanhita, 2023, and Section 11 read with Section 12 of the POCSO Act. According to the complaint, the accused, familiar with the victim's family, allegedly took photographs of the minor during a family event, threatened to morph these images into obscene content, and trespassed into the complainant's home with relatives, causing a disturbance.
Defense counsel, Sri Abhilash Sontake, argued that the petitioner is innocent, falsely implicated, and the sole breadwinner for his family. He stressed that the investigation is complete, reducing the risk of evidence tampering or flight. The petitioner expressed willingness to comply with investigation needs and court conditions.
Conversely, the prosecution, represented by Sri D. Arun Kumar, emphasized the gravity of the allegations, noting the serious nature of offenses under the POCSO Act. The prosecution argued that the petitioner's conduct posed a continuing threat to the victim, and his release could jeopardize justice, citing a previous lower court's bail denial.
Upon reviewing the arguments and case records, Justice Sujana noted the completion of the investigation's material phase and the absence of any immediate threat of evidence tampering or absconding by the petitioner. Consequently, the court granted bail, subject to specific conditions:
1. The petitioner must execute a personal bond of Rs.25,000 with two sureties for the same amount, to the satisfaction of the Special Sessions Judge for POCSO cases in Rangareddy District.
2. The petitioner is required to report to the Station House Officer every Monday at 11:00 a.m. for eight weeks or until the charge sheet is filed, whichever is earlier, and thereafter as required.
3. The petitioner must adhere to the conditions outlined under Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
The court's decision to grant bail, despite the serious nature of the allegations, underscores the balance between ensuring justice and respecting the rights of the accused, particularly when the investigation has reached a critical juncture.
Bottom line:-
Bail granted to accused under POCSO Act subject to specific conditions, despite opposition citing gravity of allegations involving a minor girl.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Sections 77, 78, 79, 352, 351(2), 329(4); POCSO Act Sections 11 r/w 12
Gotiga Raj Kumar @ Raju v. State of Telangana, (Telangana) : Law Finder Doc id # 2944655
