High Court Judge Sensational Final Judgement On Bandi Bhageerath Case | Bhairava Media

Added: 2026-05-21

[00:00:01]When the offense was registered, section 74 not less than 1 year may extend to 5 years. 75 BNS may extend to 3 years.

[00:00:10]Section 12 POCSO may not may extend to 3 years.

[00:00:14]Offense may not that comes to be added subsequently. May not know this is where may not I have a right. My grievance is unlike a regular case may not where post assault may not complaint is filed the next day or the next day thereafter.

[00:00:27]And may not in a section 161 statement unless you may not there's a slight latitude only in sexual offense cases.

[00:00:33]Every other case there is zero latitude.

[00:00:35]Court will do it with great suspicion.

[00:00:37]But even if your ladyship want to give certain latitude to them if such a complaint is filed may not after so much of deliberation, contemplation, and legal advice referring to Supreme Court judgments, referring to consent being immaterial, referring to may not the aspect that if you have in taken consent under some deception, it is wrongful, but they would not miss out an important detail of penetrative sexual assault. No offense under that particular section is made out. So yesterday may not I had made this argument for your ladyship's consideration. It can sometimes so happen that the complaint may attract a particular offense. But police may not because they're not so well with when they deal may not I don't no disrespect may not they may have missed out adding a particular offense. But if your ladyship are going to be satisfied that from the complaint there is absolutely no allegation of penetrative sexual assault and if the offenses that are made are correctly recognized to be these offenses which are all punishable under 7 years, I would have been straight away entitled to the benefit of Arnesh Kumar. May not I would have participated, I have assisted in the investigation may not and the matters could have gone may not in the way the law contemplates. Now, what they do is after they file this FIR, maybe if they thought may not the the notice of the FIR being given in the media would scare me and I would come around for may not a settlement or whatever. If that did not happen, then they go and give a further statement.

[00:02:00]So, the further statement given thereafter, what is my respectful submission is something that today Is the further statement voluntarily given or is it during the course of 161 161 statement 161 161 statement My lord, this improvements that are made in 161 statement, I'll place my lord two or three judgments for your ladyship's kind consideration. The court may view it with a great deal of suspicion. My lord, I'm putting it in the highest. I'm not saying they should be discarded.

[00:02:28]At trial, my lord, what is what is the veracity to be given your ladyship may consider.

[00:02:33]But, if my lord, the law in POCSO is not prohibiting the grant of an anticipatory bail. Now, this is something that will come into, my lord, the court's parameters of consideration, that if the original offense, which you are filing after 4 and 1/2 months, is not alleging any penetrative sexual assault, and this is this is only providing for punishments below 7 years, can it be thought for a minute that the subsequent improvement, because by then you're already completely informed legally, a subsequent improvement, my lord, if it evokes any suspicion in your in your lord- in your ladyship's [snorts] mind, my lord, that I would respectfully pray, my lord, your ladyship may have to grant me the benefit of doubt that there may be a possibility of an improvement for the limited purpose of an anticipatory bail today.

[00:03:20]My lord, not because otherwise, what it does is it now straight away takes the category of offenses from punishable below 5 years to 20 years or remainder of the remaining person's life. My lord, please see the jump.

[00:03:32]There is a huge jump in terms of gravity that happens by way of an improvement.

[00:03:38]So, that one improvement that is being done, why was this not mentioned on the day before?

[00:03:44]Especially if they have been contemplating legal steps from the month of March, especially if they're already aware of, my lord, various legal nuances in relation to a POCSO case.

[00:03:54]If they are so well aware, my lord, they would not have missed out this most important detail, and that in my respectful submission throws any amount of doubt, my lord, on their deliberate attempt to frame me in such a way that I cannot but be arrested, my lord, in this particular matter. So, this may amount to, in my respectful submission, an abuse of process of law, and my lord, trying to use the process of criminal justice for a purpose which is not intended.

[00:04:19]My lord, I'm taking guidance my lord, from your my lord, several judgments that your ladyship, my lord, this honorable court and the Supreme Court has laid down in relation to SC/ST Act.

[00:04:30]SC/ST Act, there is a textual bar on grant of anticipatory bail.

[00:04:36]But, my lord, the courts have said, "Look, if you are trying to ensure a person is coming under SC/ST Act for the purpose of preventing him to take an anticipatory bail, the court will look behind the complaint to see whether these incidents actually constitute that or not." My lord, I'm requesting your ladyship to give me that additional leeway into the court looking into only this additional section.

[00:05:00]My lord, I'm not arguing that the court needs to give me for the entire POCSO Act. My lord, if the complaint given at page 16 is taken, I will concede section 11 and 12 of the POCSO Act are made out.

[00:05:13]But, the improvement that is made, my lord, in fact, if this improvement constituted a basis of the original complaint also. My lord, I'm I'm I'm putting it slightly higher, my lord.

[00:05:24]Even if this improvement was a part of the original complaint, like in SC/ST Act, it's a part of the original complaint, if the court contemporary is material, if the surrounding material excites a doubt in the mind of the court that this seems to be a contrivance for bringing it under SC/ST Act, the court says, "No, we will disregard this because at this point, we will grant an anticipatory bail.

[00:05:49]So, lord, today my respectful submission is even if the improvement was originally a part of the complaint, if the contemporaneous you know, material at that particular point of time was going to raise a doubt in your leadership's mind that this assault that they are talking is not correct because the messages before and after, nothing is speaking about it. Even after 6th January, nothing is speaking about it.

[00:06:12]And the learned public prosecutor appearing for the police can play something else that I don't have access to right now.

[00:06:19]So, if I may now therefore make my point that the original complaint, all the offenses correctly categorized, the improvement in what manner I am not aware, but improvement is happening later after they have been legally counselled. So, the court may have to discard it for the purpose of interim bail.

[00:06:36]But, there's a judgment that I'll be placing very quickly.

[00:06:39]The height the court while granting an anticipatory bail tells us in the reading that judgment as a lawyer community, this is not allowing someone to go scot-free.

[00:06:52]Anticipatory bail is not like a quash.

[00:06:55]Your leaderships are not quashing the complaint.

[00:06:58]If your leaderships are otherwise persuaded by our argument, should your leadership consider granting an anticipatory bail, whether that improvement would actually stand up to trial, whether that sections need to be charged at the stage of framing of charges, all of that that is a different journey. Unlike a quash where we would pray the court to quash the offense today. So, today we are not asking for quash. We are asking for a limited benefit to be granted to us in the case of anticipatory bail. This is my argument in relation to the complaint. What I want to do is very quickly because leaderships have noted the four dates, but I'm placing this in a sealed cover and giving it to my friends in a sealed cover.

[00:07:39]In In I must also seek a leadership's permission. Normally, when we file these cases, we redact redact the names.

[00:07:46]Uh in relation to some certificates that were filed, then we have to seek your Ladyship's permission for redacting.

[00:07:51]>> Yes. But, unfortunately, my Lord, what happens is these days, I don't know how the moment bail petition is filed.

[00:07:57]Luckily, my Lord, bail petition was filed without giving the prosecutrix's name and the redaction.

[00:08:02]I'm told, my Lord, this bail petition has been circulated in social media with underlying analysis. Those certificates, my Lord, if your Ladyship permit, I'll ask my colleagues to redact it. And the originals, my Lord, of whatever certificates we may place in a sealed cover which your Ladyship can ask the registry to keep it in a sealed cover so that, my Lord, the victim's name does not come out. So, my Lord, this now this >> I hope they have no objection to that.

[00:08:24]My Lord, my Lord, we are Mhm? No [clears throat] such law.

[00:08:41]My Lord, My Lord, I mean the documents have to be looked into.

[00:08:46]>> My Lord, I I will >> [clears throat] >> No, no. What he's saying is not these are not additional documents. Documents I think Correct. Already filed.

[00:08:57]>> Along with the bail Some of the No, what I understood that he The documents which are filed along with the bail petition there are certain places where the names or name of the prosecutrix have not been masked. It is not masked.

[00:09:16]So, now that is So, he wants to now mask it and give other documents. My Lord, what I respectfully submit is the passport the her photograph is published, her names are published, the certificates birth certificates her names are published. And now they cannot then say that I want to take it back. And now if we accept that, it amounts to, you know, letting them go scot-free of the offenses what they have committed. That is the argument punishable by 6 months.

[00:09:47]LET THE PROSECUTION TAKE ITS OWN COURSE.

[00:09:49]We are not willing to take that. In respect of select the data of a certificate other certificate I collected it from the IOM letter. I I will be permitted to Why is it they are collecting my data of a certificate?

[00:09:59]Application is given by the advocate to some other person, some Anthony Reddy and all. They say, "We want to inquire."

[00:10:06]Who are you to inquire about my date of birth and date of stay? It does it not amount to tampering with the evidence?

[00:10:13]Yes, now this is my lord the first because my lord the complaint specifically refers to the messages that are being given to the police.

[00:10:22]And this is where I want to go and assist the police. My lord your ladyship may kindly see.

[00:10:27]My lord what I'm placing is the chat between I'm giving a copy to the learned public prosecutor. So my lord your ladyship would notice that whatever I'm giving to your ladyship is kind consent and I will not read this.

[00:10:37]Ladyship would notice page 14.

[00:10:41]Your ladyship will notice the date my lord below the letter just above the letter, 25th October.

[00:10:48]Your ladyship notices my lord? Yes.

[00:10:50]Above 25th October is the previous chat.

[00:10:55]My lord I've not given the entire one my lord because I just wanted to focus on the dates that are parting forming part of the complaint.

[00:11:02]My lord very important. Your ladyship sees on the left side above 25th October.

[00:11:07]Yes. My lord like it happens my lord in WhatsApp left side is what I receive. Yes. That is my lord this is the victim sending it to me.

[00:11:17]Right side is what I send.

[00:11:19]I had indicated yesterday for your ladyship's kind consideration.

[00:11:22]Left side on the top there is a suggestion of a place now made by the victim because yesterday my lord the complaint I read to your ladyship is say that she was taken from place to place indicating that she had no knowledge and whether she was being taken forcibly.

[00:11:37]But now please see next page.

[00:11:40]It's 26th October.

[00:11:43]Yes. This is after my lord that incident of 25th October my lord. 25th October is one incident. Mhm.

[00:11:49]At the bottom left hand side.

[00:11:52]Yes. This is my lord movie tickets being sent by the girl.

[00:11:57]Because she wants to go for a movie with this boy.

[00:12:01]Next page also. Page 16.

[00:12:04]This I'm placing for your ladyship's consideration to show that if 25th October was the incident as alleged by the mother.

[00:12:11]My lord then this does not align with the case of a person who while being in a relationship was forced to undergo any sexual harassment. And I'm not even using the word penetrative sexual harassment.

[00:12:26]My lord then please see next page.

[00:12:29]This is my lord everything that happens.

[00:12:31]I therefore said they were in a cordial friendship stroke relationship my lord in terms of the complaint prior to one incident.

[00:12:40]Mhm.

[00:12:42]My lord ladyship may only notice page number 18.

[00:12:46]Right hand side bottom.

[00:12:51]But I'm not reading this out aloud.

[00:12:53]There's a quotation sent.

[00:12:57]My lord next incident my lord if I may just place 13th November.

[00:13:02]Separate.

[00:13:03]Copy received.

[00:13:04]Now this is a material I must give it to the police my lord for the purpose of assisting the police.

[00:13:09]My client just needs some interim protection so that he can go before the police and place all of this.

[00:13:17]Your ladyship has the date 12th November.

[00:13:20]My lord [clears throat] in the middle of the page below the photographs.

[00:13:23]>> Yes. Above that my lord are photographs which show that the family and the boy and the girl went to my lord some spiritual places together.

[00:13:30]Just below 12th November your ladyship may see.

[00:13:34]The time length My lord, that another incident is 13th November, my lords.

[00:13:40]Page 17 top your ladyship asked me, "Where is that date?" 13th November.

[00:13:43]13th November is the relevant date.

[00:13:45]Another incident.

[00:13:46]Now, 12th November just below 12th November left side does my ladyship see voice call 8 hours?

[00:13:54]This is call made from the girl's phone originally. It originates my lord from the girl's phone.

[00:13:59]13th November voice call 6 hours.

[00:14:05]13th November they're talking normally for 6 hours.

[00:14:08]8 minutes.

[00:14:09]My lord, next page.

[00:14:12]Your ladyship would see regular messaging my lord between people who may be in a relationship or friendship.

[00:14:19]Next page.

[00:14:21]14th November voice calls exchanged.

[00:14:26]Yes. 14th November my lord is the third line.

[00:14:29]And your ladyship sees 14th November voice call 6 hours.

[00:14:35]Again voice calls my lord then messages are going on. Next page also your ladyship would see all normal messages.

[00:14:41]So, my lord, 13th November nothing for the my lord court to at this point glean that the incident of 13th November that is referred in the complaint it may need to be investigated.

[00:14:51]I'm only trying to place because my lord the complaint refers to social media chat. I'm placing social media chat prior and after between these people.

[00:15:00]And my lord, this is between the victim and my lord this particular person that nothing from this chat indicates something serious. Maybe there is something more. That may be their case.

[00:15:11]Maybe a case for investigation. I'm arguing this for the purpose of interim my lord anticipatory bail.

[00:15:16]My lord, next is 31st December.

[00:15:22]Copy is smaller than this.

[00:15:30]>> But in fact my lord this 31st December there are other messages which show that they were planning a 31st December get-together with friends for a long time earlier. And my lord the places were being suggested by all people.

[00:15:43]We'll go to this place, that place. Not that she was forcibly taken as the mother tried to complain. Now my lord let us see if she sees 30th December 28th 330 30 30 my lord. Page five.

[00:16:00]Mhm.

[00:16:02]Yes.

[00:16:03]Some of the third set.

[00:16:04]My lady sees my lord. Yes.

[00:16:06]My lord let us see if she sees on 30th December what is forwarded by the boy to the girl is Telangana excise department giving permission.

[00:16:16]My lord excise department your lordship knows my lord the permission is if they want to have a small private party if they are consuming liquor.

[00:16:23]My lord then please see next page.

[00:16:28]Yes.

[00:16:30]My lord sorry, same page below.

[00:16:32]3rd January Your lordship sees there are missed calls.

[00:16:38]When she calls not picked up. We don't know what transpired, what was the fight or whatever. Next page.

[00:16:45]Regular some forwards of messages on 5th January.

[00:16:49]Let us see what my lord something that the girl sends, the photographs.

[00:16:53]Next page.

[00:16:55]Again 5th January my lord photographs of something sent.

[00:17:00]At the bottom of the page my lord again.

[00:17:03]My lord typically my lord in a friendship my lord because the mother calls it a relationship and I don't know them as well. My lord I'm only even if I take the allegation to be true my lord please see page nine.

[00:17:19]I think the problem starts my lord after the missed call start happening from here.

[00:17:26]7th January, the mother admits relationship broke off.

[00:17:31]But 31st December, 1st January, the nature of allegations made which my lord in the original complaint were at the nature of sexual harassment. But nothing of that nature reflected from my lord the contemporaneous surrounding circumstances.

[00:17:45]And this is a test your lordship my lord has laid down in the SC/ST case that even if the complaint were to make in this case at the original complaint made about made an allegation about penetrative sexual assault, which is section my lord five and six, even then if there is something for the court to see that this may be something that is just added for the purpose of spicing up the complaint, the court can look beyond. Luckily for me, my lord I have a much lesser burden to discharge because I if I take the allegation entirely post proper legal advice, post them contemplating legal action from March, filing the complaint in the month of my lord May, 8th May. If they have not made that, my lord that in my respectful submission singularly entitles me to the grant of a limited benefit of doubt for the purpose of anticipatory bail. Your lordships are not deciding the issue, your lordships are not discarding the improvement, your lordships are not saying that no case is made out.

[00:18:41]As long as the court thinks that this is a matter where if I need to be taken into custody, my lord if the original sections required me to take into custody, it's a different issue.

[00:18:49]They did not require me to take into custody. So any improvement made, as I said my lord, the normal latitude may not be available in this case because the original complaint is filed as I use the expression my lord with full contemplation, full deliberation, full legal advice. My lord and your lordship may see the language my lord. It would have It would have done me proud. Honestly my lord I'm not trying to demean it. It's a very well-drafted legal complaint which clearly emanates, my lord, from some very good legal advice they have taken. So, if someone who's so legally well advised uses, my lord, the nature of language, which I'm complimenting them.

[00:19:26]That is not making this allegation, any allegation made thereafter may be incorrect. Now, lastly, my lord, very quickly, now I have to show some law and then I'll conclude, my lord.

[00:19:34]My lord, your lordship may kindly have, my lord, POCSO Act.