CRLP/2297/2026 of Nallachennugari Bhaskara Reddy Vs The State of Andhra Pradesh on 29 March 2026

Order:

This Criminal Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, “the BNSS”), by the petitioner/Accused No.3, seeking anticipatory bail in connection with PRC.No.23 of 2025 on the file of the learned Judicial Magistrate of First Class, Pulivendula, arising out of Crime No.13 of 2025 of Thondur Police Station, YSR Kadapa District, registered for the offences punishable under Sections 118(2), 109, 126(2), 351(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity, “the BNS”).

2. Heard Sri Satish Sandu, learned counsel for the petitioner, and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor representing the respondent-State.

3. The petitioner herein is Accused No.3 in Crime No.13 of 2025 of Thondur Police Station, facing allegations for the offences punishable under Sections 118(2), 109, 126(2), 351(2) read with 3(5) of the BNS. Initially, the petitioner filed Writ Petition No.4953 of 2025 before this Court, and a Coordinate Bench, by order dated 11.03.2025, disposed of the same with a direction to the Station House Officer to preserve the CCTV footage as sought therein.

4. The specific plea of the petitioner is that he was not present at the time of alleged incident. Subsequently, the petitioner/accused No.3 filed Criminal Petition No.3815 of 2025 and a Coordinate Bench of this Court, by order dated 08.04.2025, disposed of the said petition directing the police to complete the investigation without taking any coercive steps against the petitioner, but it would not preclude the Investigating Officer from filing final report/charge sheet.

5. Pursuant thereto, the Investigating Officer concluded the investigation and filed the charge sheet before the Judicial Magistrate of First Class, Pulivendula, who took cognizance for the offences under Sections 118(2), 109, 126(2), 351(2) read with 3(5) of the BNS and issued summons to the petitioner in PRC.No.23 of 2025 and a note has been put to the petitioner to obtain bail order from the appropriate Court after receipt of the summons.

6. In obedience to the note which was referred to the accused in the summons received in PRC.No.23 of 2025, the petitioner has preferred anticipatory bail before the learned Sessions Court in Crl.M.P.No.593 of 2025 and the learned Sessions Court, by order, dated 03.03.2026 dismissed the said application with an observation that there is no apprehension of arrest to the petitioner for grant of anticipatory bail by virtue of the order passed by this Court in Crl.P.No.3815 of 2025 dated 08.04.2025. With this background, the present petition is filed seeking anticipatory bail.

7. Learned Assistant Public Prosecutor would submit that Court may pass appropriate orders since the Coordinate Bench of this Court has granted protection to the petitioner from arrest as he sought time for preservation of CCTV footages to establish his absence at the alleged incident.

8. In view of the above circumstances, this Court finds merit in the observation made by the learned Sessions Judge that in the absence of apprehension of arrest by virtue of protection given by a Coordinate Bench of this Court from arrest, the question of granting anticipatory bail does not arise. However, it is apposite to dispose of the present petition, directing the petitioner to appear before the learned Judicial Magistrate of First Class, Pulivendula, in PRC.No.23 of 2025 and upon such appearance, the learned Magistrate shall obtain sufficient sureties from the petitioner to ensure his presence before the learned Sessions Court.

9. Accordingly, with the above direction, the Criminal Petition is disposed of.

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Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA

Date: 30.03.2026 ARB

CRIMINAL PETITION NO: 2297 of 2026

Date: 30.03.2026

ARB