The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS ’), seeking to enlarge the petitioner/Accused on bail in Cr.No.15 of 2024 of Bhimavaram Police Station, West Godavari District, registered against the Petitioner/Accused herein for the offences punishable under Section

306 read with 34 of the Indian Penal Code, 1860 (for brevity ‘the I.P.C.’).

2. An application was filed under Section 438 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.PC.,) seeking for grant of prearrest bail in Crl.M.P.No.15/2024, but it was dismissed. Again, the Petitioner filed a second application, it was allowed, but not an order as contemplated under Section 438 of ‘the Cr.PC.,’ that in the event of his arrest he shall be enlarged on bail.

The learned Trial Court granted pre-arrest bail, but a direction was issued that he should execute self-bond of Rs.25,000/- before the learned II Additional Judicial Magistrate. This order., is against the spirit of Section 438 of ‘the Cr.PC. Normally, pre-arrest bail is granted, and a direction would be given to the Police Officer that in the event of arrest of the Petitio