IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY )THE SIXTEENTH DAY OF JULY-Ta TWO THOUSAND AND TWENTY FIVE givZ T[,riONOURABLE D:RP5uEsSTEINcTE: Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5974 OF 2025 r Between : putta Ram, S/o P. Venkata Rao Aged about 33 Years, Occ Private Empl:jLgr- R/o.#3993/24, 19th main, MCCB block, Kuvempu nagara, Devanagere, Southern Extension-dvg,Davanagere, Karnataka -577004. ~ Petitioner/A4/Accused AND The State ofAndhra Pradesh, Rep. by Public Prosecutor, High Court at ANDHRA PRADESH Through KAKINADA I TOWN PS, KAKINADA Respondent Petitl-on under Section 482 of BNSS, 2023(Section 438 of Cr.P.C), is filed praying that in the circumstances stated in the memorandum of grounds filed in support of the criminal petition, the High Court may be pleased to enlarge the petI-tiOner / Suspected in the event Of arrest On antiCiPa{Ory bail in connection with FIR No. 140 of 2025 On the file of Kakinada I Town PS, Kakinada, during the pendencyofinquiryand trl-al. / The petition coming on for hearing, upon perusing the petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri PRATHIWADA VARUN KUMAR, Advocate for the Petitioner and of PUBLIC PROSECUTOR for Respondent, the court made the following ORDER 10287932025 lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (special Orig-lnaI Jurisdiction) I WEDNESDAY,THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE YI LAKSHMANA RAO CRIMINAL PETITION NO: 5974/2025 Between I. Putta R'am AND The State Of Andhra Pradesh counsel for the Petitioner/accused: 1. PRATHIWADA VARUN KUMAR [3521] ...PETITIONERIACCUSED ...RESPONDENT/COMPLAINANT counsel for the Respondent/comPIainant: 1. PUBLIC PROSECUTOR The Court made the following: Order: The Criminal Petition has been filed under Sections 482 of the Bharatiya Nagarik Suraksha Sanh'lta, 2023 (for brevity £the BNSS'), by the petitioner/Accused No.4 for granting of Pre-arrest bail in COnneCt'lOn With Crime No.140 of 2025 of Kakinada I Town Police Station, Kakinada D'lstrict, registered for the offences pun-lshable under sections 316(2) and 318(4) of Bharatiya Nyana Sanhita, 2023. / ~.-rl---. a---, i-.3 2 2. Facts, in brief, of the case are that on 26.04.2025 at 21.00 hours, the complainant lodged report stating that he is resident of samba Murthy Nagar, Kakinada and working as a painter. on 31.01.2025 at about 15.00 hours, he went to Karnataka Bank near Masjid Center, Kakinada, to open a bank account and staff told him to wait for a day. Later, he met his friend by name John near the bank and he introduced the accused No.1 who will help him in opening the account. BelievI'ng the Same, the COmPlainant handed over the passbook, cheque book, ATM Card and a{ the time of opening the account, the accused No.1 gave his number instead of account number of complainant and by misusing the bank account, passbook, cheque book, ATM card, made transaction worth of Rs.50 lakhs by cheating the complainant. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4. Sri Pathiwada Varun Kumar, learned counsel for the petitioner submits that the major portion of investigation has been completed. Except the statement of petitioner herein colluded with Al and A2, nothI'ng Was mentioned in the remand report against the petitioner. The offences alleged agaI'nSt the Petitioner are Punishable with imprisonment for a term less than Seven years. 5. Perconfra, Ms. P. Akila Naidu, the learned Assistant Public Prosecutor, opposed in granting Of bail stating that the petitioner along with other accused Persons COlluded each Other and Cheated the COmPlainant by drawing Rs.50 / qi--- I _7 - I L + 3 lakhs; the investigation is not completed; if the petitioner is enlarged on bail, he would not be available for the investigation and he would escape from the clutches of law; and urged to dismiss the bail petition. 6. A perusal of the F[R goes to show that all the offences alleged against the petitioner who is shown as Accused No.4, are punishable with imprisonment for a term less than seven years. The learned Single Judge of this Court in CRLP.No.6711 of 2025 on ll,07.2025 has directed the Investigation Officer to comply with Section 35(3) of BNS/Section 41-A Cr.P.C. As there are no merits I'n the Present Petition, this Petition iS liable to be rejected. However, the offences alleged against the petitioner are punishable with imprisonment for a term less than seven years, the Station House Officer, Kakinada I Town Police Station, Kakinada District, is directed to comply with the procedure as contemplated under section 35(3) of BNS/Sectl'on 41-A Cr.P.C., as per the guidelines enunciated in Arnesh Kumar Vs. State of Bihar and anotherl and also Md. Asfak AIam Vs. The State of Jharkhand2. 7. Accordingly, with the above direction, the Criminal Petition is disposed of. //TRUE COPY// SD/- K. KASIRAo AC,HAR! ASS]STAN GISTRAR OFFICER To'1. The lll AddI. Judicial First Class Magistrate, Kakinada. 2. The SHO, Kakinada I Town PS, Kakinada (by RPAD) 3. One CC to SRI. PRATHIWADA VARUN KUMAR Advocate [OPUC] 4. Two CCs to the PUBLIC PROSECUTOR, High Court ofA.P [OPUC] 5. (ZU14) 9 nceu_suPza;§ CO Py 2 (2023) 8 SCC 632 HIGH COURT DR.YLR,J DATED: 16/07/2025 BAIL ORDER CRLP.No.5974 of 2025 ALLOWED . _\ \