Andhra Pradesh High Court

CRLP/1429/2026 of Haji Valli alias Dudekula Haji Valli Vs The State of Andhra Pradesh on 2 March 2026

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HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1429/2026 Between: HAJI VALLI ALIAS DUDEKULA HAJI VALLI, S/O BABUSA,AGED

APHC010092292026

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

TUESDAY, THE THIRD DAY OF MARCH

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA

CRIMINAL PETITION NO: 1429/2026

Between:

HAJI VALLI ALIAS DUDEKULA HAJI VALLI, S/O BABUSA,AGED

ABOUT 32 YEARS, OCC CULTIVATION,R/O SANKEPALLI VILLAGE, KONDAPURAM MANDAL,YSR KADAPA DISTRICT., AP- 516474.

...PETITIONER/ACCUSED

AND

THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC

PROSECUTOR,HIGH

COURT

OF

A.P,

NELAPADU,AMARAVATI,

GUNTUR

DISTRICT,

AP-522239THROUGH

STATION

HOUSE

OFFICER,TALLA

PRODDATUR

POLICE

STATION,YSR

KADAPA

DISTRICT.

...RESPONDENT/COMPLAINANT

Counsel for the Petitioner/accused:

1. CKR ASSOCIATES

Counsel for the Respondent/complainant:

1. PUBLIC PROSECUTOR

The Court made the following:

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ORDER:

The instant petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 8BNSS9) has been filed by the Petitioner / Accused No.2, seeking anticipatory bail in connection with Crime No.200 of 2025 on the file of Talla Proddatur Police Station, YSR Kadapa District, which is registered for the offence under Section 118(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short 8BNS9).

2. Heard Sri N.Sai Phanindra Kumar, learned counsel for the Petitioner / Accused No.2 and Sri K.Sandeep, learned Assistant Public Prosecutor for State / Respondent.

3. Learned counsel for the Petitioner would submit that, initially the case is lodged against the Petitioner for the offence under Section 118(1) of BNS. Learend counsel would further submit that, a notice under Section 35(3) of BNSS has been served on the Petitioner and the Petitioner has cooperated with the investigating agency. Learned counsel submits that the investigation has been completed and charge sheet has also been filed. It is submitted that, after filing of charge sheet, after coming to know that the victim sustained grievious injuries, Section of Law is altered to Section 118(2) of BNS. It is further submitted that the learned Magistrate has raised objection to take cognizance of the offence and about the arrest of the Petitioner since the offence is falling under Section 118(2) of BNS. As such, the present petition has been filed seeking anticipatory bail

4. Learned Assistant Public Prosecutor would submit that they have served a notice under Section 35(3) of BNSS to the Petitioner as the learned Magistrate raised an objection regarding the arrest of the Petitioner. It is further submitted that the Court may pass appropriate orders int his matter.

5. Considering the submissions made, since the purpose of arrest is already over, entire investigation is completed, charge sheet has also been filed and since it is not the case that the investigating officer approached the Court seeking permission to arrest the Petitioner in view of the alteration of

Section of Law, this Court is of the view that, no purpose would be served by arresting the Petitioner at this stage. In such circumstances, it is appose to dispose of the present petition directing the learned Magistrate to take sureties to assure the presence of the Petitioner during trial.

6. Accordingly, the Criminal Petition is disposed of. Petitioner shall execute a personal bond for Rs.20,000/- (Rupees Twnety thousand only) with two sureties for the like sum each to the satisfaction of the trial Court to assure his presence before the Court.

Pending miscellaneous applications, if any, shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 03.03.2026 Dinesh

HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA

Crl.P.No.1429 of 2026

Dt.03.03.2026

Dinesh

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