ORDER:

The Criminal Petition filed under Section 438 of the Code of Criminal Procedure, 1973 on behalf of the petitioner/accused herein to grant anticipatory bail in connection with Crime No.128/2024 of Kothacheruvu U Police Station, Sri Sathya Sai District.

2. A case has been registered against the petitioner for the offence punishable under Sections 64 read with 62, 118(2), 351(3) BNS.

3. Heard both sides and perused the record.

4. Learned counsel for the petitioner would submit that it is a case and counter. The petitioner approached the police to give a complaint on the very same day and that was refused. Petitioner sustained injuries and he was hospitalized. On 05.10.2024 the complaint of the petitioner was sent through post which was refused by the police. That itself shows the conduct of the police to receive the complaint from the petitioner. Learned counsel would further submit that there is a long pending dispute relating to the parties which is civil in nature. Father of the petitioner lodged a case against father in law of the victim on 15.7.2013. In the light of the history of the civil litigation pending between the parties indicates it is a false case alleged against the petitioner after harassing him brutally and prays to allow the petition.

5. Learned Assistant Public Prosecutor would submit that investigation is at crucial stage. Further more for the offence under Section 64 of BNS which is punishable under section 65 of BNS, Section

482 of BNSS has no application and prays to dismiss the petition.

6. Considering the submissions made and on perusal of the material on record, prima facie the allegations made in the complaint would attract the offence under Section 64 for which the punishment is under Section 65 BNS. As can be seen from Section 482 of BNSS that excludes the offence punishable under Section 65 of BNS. In addition to that Section 62, 118 and 351 of BNS are also lodged against the petitioner. This Court makes it clear that this Court has not expressed anything adjudicating the liberty or otherwise of the contentions raised by the petitioner in the present petition relating to a counter complaint which the petitioner tried to lodged.

7. In the light of the non-applicability of Section 482 BNSS for the offence punishable under Section 64 of BNS, this Court is not inclined to grant anticipatory bail in this matter. However the petitioner is at liberty to surrender before the Court concerned and move regular bail application and on filing such application, the concerned Court may dispose of the application as expeditiously as possible. 8. Accordingly, the Criminal Petition is disposed of.

Pending miscellaneous applications, if any, shall stand closed.

______________________________________ JUSTICE VENKATA JYOTHIRMAI PRATAPA

03.12.2024 RD THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No.7324 of 2024 Dated: 03.12.2024 RD