Telangana HC declines interim relief to Bandi Sai Bageerath in POCSO case
HYDERABAD: The Telangana High Court on Friday refused to grant interim protection from arrest to Bandi Sai Bageerath, son of Union Minister of State for Home Affairs and BJP leader Bandi Sanjay Kumar, in a case under the Protection of Children from Sexual Offences (POCSO) Act.
Justice T Madhavi Devi heard arguments for over two-and-a-half hours. The hearing continued close to midnight. The court orally said it could not pass an immediate order because lawyers placed a large volume of material and case law before it.
“I thought of passing an order today. The volume of case laws and so many materials given… I cannot pass an order,” the court orally said.
The petitioner’s counsel then asked the court not to allow police to arrest Bageerath until it passed orders. He added that the court could impose stringent conditions. However, the judge orally observed: “I have gone through the statement of the victim, though not in detail but cursorily, and at this stage I’m not inclined to grant any interim order.”
The petitioner’s counsel later requested the court to pass a final order at the earliest. A detailed order is awaited.
Court raises concern over social media remarks
At the start of the hearing, the court expressed concern over comments circulating on social media.
“Before hearing you… There has been a smear campaign on social media… I am really pained by it. There has been imputation that something has been offered or something like that… I’m not shying away from hearing the matter. I will pass orders. But this is not done,” the court orally observed.
Senior advocate S Niranjan Reddy, appearing for Bageerath, said authorities should stop such actions.
“As I am seeing increasingly, if this is not going to be stopped… no matter can be heard… We as a bar have to stand up,” he submitted.
The court then asked the complainant’s counsel whether he had any reservations about the bench hearing the matter. The counsel replied that he had none.
Arguments over POCSO provisions and FIR changes
Reddy argued that courts had earlier granted interim anticipatory bail in POCSO cases. He said legal provisions allowed such relief.
Referring to the complaint, he argued that the POCSO charges did not match the original accusations. He also argued that later statements introduced “improvements” that increased the gravity of the allegations.
“If the original offence is not alleging penetrative sexual assault, then can it be thought that subsequent improvement evokes any suspicion,” he argued.
He added that the petitioner was willing to cooperate with the investigation and sought only anticipatory bail, not quashing of the FIR.
The State opposed the plea. It said the victim was a minor and there were no grounds to grant anticipatory bail in a POCSO case.
Counsel for the complainant, appearing for the girl’s mother, argued that the complaint contained detailed allegations disclosed by the minor. The counsel also opposed anticipatory bail because of the petitioner’s influential background.
The court orally observed: “Your imputation now is because of the position of the father, there is every likelihood… that they are in such a position, an influential position…”
The complainant’s counsel replied that the victim feared the consequences and worried about the public message if the court granted bail. However, the court said it would decide the matter only on the basis of law and not public opinion.
The complainant’s counsel also said police had earlier registered two other FIRs against the petitioner.
In rejoinder, Reddy denied allegations of influence. He argued that developments in the investigation disproved such claims.
FIR at Petbasheerabad police station
Bageerath moved the high court seeking anticipatory bail in connection with an FIR filed on May 8 at Petbasheerabad Police Station.
According to reports, a minor girl accused him of sexual assault. Police then booked him under relevant provisions of the POCSO Act and the Bharatiya Nyaya Sanhita (BNS).
The Telangana government directed the Director General of Police to form special teams and conduct a comprehensive probe into the case. Reports said police had not arrested Bageerath till Friday night.
