APHC010700822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3396]

(Special Original Jurisdiction)

THURSDAY,THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13318/2025 Between:

BOYA CHIRANJEEVI, R/O D.NO. 7-126, PEDDAMMAGUDI VEEDHI, HINDUPURAMU ROAD, KALYANDURGAM, ANANTHAPURAMU DISTRICT ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF AP, AMARAVATI ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:

1. AYESHA AZMA S Counsel for the Respondent/complainant:

1. PUBLIC PROSECUTOR The Court made the following:

ORDER

The instant petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioner / Accused, seeking anticipatory bail in connection with Crime No.01 of 2025 on the file of Gummagatta Police Station, Anantapuramu District, which is registered for the offence under Section 105 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’).

2. Heard Ms.S.Ayesha Azma, learned counsel for the Petitioner / Accused and Sri K.Sandeep, learned Assistant Public Prosecutor for State / Respondent.

3. Learned counsel for the Petitioner would submit that thePetitioner herein is an Registered Medical Practioner and the allegations levelled against him do not attract the alleged offence. It is further submitted that in the present crime, wherein, the Petitioner is implicated, apart from stating that the Petitioner administered the injection to the wife of the De facto complainant. Learned counsel would submit that the Petitioner herein approached the Police and has furnished the relevant information regarding the alleged incident.

4. Learned Assistant Public Prosecutor would submit that they are in the process of investigation and it may take some time to collect the material to decide the genuiiness of the version of the Petitioner.

5. Considering the submissions made and on perusal of the material on record, the genisis of the issue arises when the Petitioner, who is a Registered Medical Practioner advised to administer a drug to the wife of the De facto complainant through his assisted over phone. Subsequenlty, the problem was escaled and she was shifted to a higher forum and after four days of shifting her from one hospital to the other, she lost her breath. Prima facie this may be a case of medical negligence. This is not the stage to decide the culpability of the Petitioner in the alleged offence, since the investigation is not yet completed. So far, the investigating officer could not take the opinion of the Medical Board. In that view, this Court is inclined to grant anticipatory bail to the Petitioner.

6. Accordingly, the Criminal Petition is allowed granting anticipatory bail to the Petitioner / Accused, on the following conditions:

(i) The Petitioner / Accused shall appear before the concerned Magistrate Court, within one week from today and shall furnish personal bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for the like sum each, to the satisfaction of concerned jurisdictional Court;

(ii) The Petitioner shall appear before the concerned Station House Officer once in a week i.e., on every Sunday between 10.00 a.m., till 5.00 p.m., till filing of the charge sheet.

(iii) The Petitioner shall cooperate with the investigation and appear before the Police as and when directed to furnish any information.

Pending miscellaneous applications, if any, shall stand closed.

________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA

Date: 12.02.2026

Note: Issue C.C today

B/o.

Dinesh

HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.13318 of 2025 Dt.12.02.2026 Dinesh