APHC010280202025

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3520]

(Special Original Jurisdiction)

MONDAY, THE THIRTIETH DAY OF JUNE

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA

CRIMINAL PETITION NO: 5803/2025

Between:

1. DUDDAKUNTA DEEPAK REDDY, (A-1) S/O. D. RAJA REDDY,

AGED 24 YEARS, R/O. MADIREBAILU, VILLAGE, BUKKAPATNAM

MANDAL SRI SATHYA SAI DISTRICT.

2. DUDDAKUNTA VENU GOPAL REDDY,, (A-2) S/O. D. RAJA REDDY,

AGED 21 YEARS, R/O. MADIREBAILU, VILLAGE, BUKKAPATNAM

MANDAL, SRI SATHYA SAI DISTRICT.

3. DUDDAKUNTA RAJA REDDY,, (A-3) S/O. DUDDAKUNTA VENKATA

REDDY, AGED 49 YEARS, R/O. MADIREBAILU, VILLAGE,

BUKKAPATNAM MANDAL, SRI SATHYA SAI DISTRICT.

4. DUDDAKUNTA SRINATH REDDY,, S/O VENKATA REDDY, (A-4)

AGED 53 YEARS, R/O. MADIREBAILU, VILLAGE, BUKKAPATNAM

MANDAL, SRI SATHYA SAI DISTRICT.

5. DUDDAKUNTA VENKATA REDDY,, (A-5) S/O. D.VENKATA REDDY,

AGED 48 YEARS, R/O. MADIREBAILU, VILLAGE, BUKKAPATNAM

MANDAL SRI SATHYA SAI DISTRICT.

6. DUDDAKUNTA SAILAJA,, (A-6) W/O. D. RAJA REDDY, AGED 44

YEARS, R/O. MADIREBAILU, VILLAGE, BUKKAPATNAM MANDAL,

SRI SATHYA SAI DISTRICT.

7. PRAMEELAMMA @ PRAMEELA, (A-7), W/O. SRINATH REDDY,

AGED 48 YEARS, R/O. MADIREBAILU, VILLAGE, BUKKAPATNAM

MANDAL. SRI SATHYA SAI DISTRICT.

8. D.SUJATHAMMA @ SUJATHA, (A-8), W/O. D. VENKATA REDDY,

AGED 45 YEARS, R/O. MADIREBAILU, VILLAGE, BUKKAPATNAM MANDAL, SRI SATHYA SAI DISTRICT.

9. A. PRABHAKAR REDDY,, S/O A.GANGI REDDY, (A-9) AGED 42 YEARS, R/O. CHERLOPALLI VILLAGE, PUTTAPARTHI MANDAL, SRI SATHYA SAI DISTRICT.

10. A NIKAGARI SUJATHAMMA @ SUJATHA,, (A-10) W/O. A.

PRABHAKAR REDDY, AGED 33 YEARS, R/O. CHERLOPALLI VILLAGE, PUTTAPARTHI MANDAL, SRI SATHYA SAI DISTRICT.

11. B ALANAGANNAGARI SRINATH REDDY,, (A-11) S/O. B.

VENGAMUNI REDDY, AGED 42 YEARS, R/O. GASIKAVARIPALLI VILLAGE, PUTTAPARTHI MANDAL, SRI SATHYA SAI DISTRICT.

12. B ALANAGANNAGARI MAHESWARAMMA,, (A-12) W/O. B.SRINATH REDDY, AGED 44 YEARS, R/O. GASIKAVARIPALLI VILLAGE, PUTTAPARTHI MANDAL SRI SATHYA SAI DISTRICT.

...PETITIONER/ACCUSED(S)

AND

1. T HE STATE OF ANDHRA PRADESH, rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati.

...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be to grant anticipatory Bail to the petitioners by directing the Station House Officer, Bukkapatnam Police Station, Sri Sathya Sai District to release the petitioners/Accused No. 1 to 12 on bail in the event of their arrest in connection with Crime No. 105 of 2024 of Bukkapatnam Police Station, Sri Sathya Sai District Counsel for the Petitioner/accused(S):

1. RAMAKRISHNA AKURATHI Counsel for the Respondent/complainant:

1. PUBLIC PROSECUTOR The Court made the following:

ORDER

Facts and sequence of events:

1. This is an application filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023.

2. The petitioners herein are arrayed as Accused Nos.1 to 12 in Crime No.105 of 2024 of Bukkapatnam Police Station, Sri Sathya Sai District, which was registered with the allegations of committing the offences under Sections 118(1), 3(5) of the BNS and the accused were bailed out. But, subsequently, charge sheet was presented by the Police for the offences under Sections 118(1), 118(2) read with 3(5) of the BNS, citing the reason that the investigation disclosed the offence in terms of Section 118(2) read with 3(5) of the BNS.

3. Petitioners claimed that in view of adding of Section 118(2) of the BNS, they are afraid of arrest. Hence, the petitioners pray for a direction to release them on Bail, in the event of their arrest.

4. Heard both sides.

5. Point for determination:

Whether the petitioners/accused Nos.1 to 12 are entitled for the relief of pre-arrest bail in respect of Crime No.105 of 2024 of Bukkapatnam Police Station, in terms of Section 482 of BNSS in respect of newly added Section viz. 118(2) of B.N.S. If so, on what conditions?

Point:

6. Special circumstance in thi