APHC010291592025 QMS IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5987 OF 2025 Between: Jaganadham Venu, S/o.Subbalah, aged about 35 years, R/o.D.No.18-2- 62/1, Chakalipalem, Kandukur, Prakasam District, Andhra Pradesh. ...Petitioner/AI AND The State of Andhra Pradesh, Through the Station House Officer, Taluka Police Station, Ongole, Represented by the Public Prosecutor, High Court of Andhra Pradesh. ...Respondent/Complainant Petition filed under Section 438 of Cr.P.C/Section 482 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the petitioner/Accused No.1 on anticipatory bail duly directing the respondent-police to release the accused on bail in the event of his arrest in Crime No.572 of 2023, registered at Taluka Police Station, Ongole, Prakasam District. < Counsel for the Petitioner: Sri N.Ravi Prasad Counsel for the Respondent: Sri Neelotphan Ganji, Assistant Public Prosecutor The Court made the following order: APHC010291592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] T. THURSDAY.THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5987/2025 Between: 1.JAGANADHAM VENU, S/0 SUBBALAH, AGED ABOUT 35 YEARS, RESIDENT OF D.NO. 18-2-62/1, CHAKALIPALEM, KANDUKUR, PRAKASAMDISTRICT,ANDHRAPRADESH. ...PETiTiONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Through the Station House Officer, Taluka Police Station, Ongole, Representedby the Public Prosecutor, High Court of Andhra Pradesh. ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of the Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to enlarge the petitioner/Accused No.1 on anticipatory bail duly directing the respondent-police to release the accused on bail in the event of his arrest in Crime No. 572 of 2023, registered at Taluka Police Station, Ongole, Prakasam District and pass Counsel for the Petitioner/accused: 1.N RAVI PRASAD Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 Dr. YLR, J Crl.P.No.5987 of 2025 Dated 26.06.2025 i The Court made the following; ORDER: The Criminal Petition has been filed under Section Nagarik Suraksha Sanhita 482 of the Bharatiya 2023 (for brevity ‘the BNSS’) by petitioner/Accused No. 1 for granting of pre-arrest bail in connection with Crime No.572 of 2023 of Ongole Taluk Police Station, Prakasam District, registered for the alleged offences punishable under Sections the 420, 468 and 471 of the Indian Penal Code, 1860 (for brevity ‘the I.P.C.’) 2. Sri N. Ravi Prasad, the learned counsel for the that the grandmother of the de-facto complainant petitioner in respect of the disputed property. petitioner, submits conveyed title to the 3. Mr. Neelotphan Ganji, the learned Assistant submits that the Investigating Officer has issued 41-A of the Code of Criminal Procedure Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita Public Prosecutor, a notice under Section 1973 (for brevity ‘the Cr.P.C.’)/ 2023 (for brevity the BNSS’), and the petitioner has given an explanation and also furnished sufficient sureties. Crl.P.No.5987 of 2025 Dated 26.06.2025 The Hon’ble Apex Court in Arnesh Kumar v. State of Bihar\ held that once the police issue 41-A notice to the accused in any crime, the 4. police cannot arrest the petitioner for whatsoever reasons. In view of the fact that the Investigating Officer issued a notice under 5. Section 35(3) of ‘the BNSS’, and the petitioner has been given sufficient required opportunities by the Investigating Officer, this case can be disposed of. However, the Investigating Officer would file a charge sheet after completion of investigation. Needless to mention that, the petitioner shall cooperate with the 6. Investigating Officer. It is further needless to mention that, in case the apprehension of the petitioner becomes necessary, the Investigating Officer has to follow the due process of law. Recording the above submission, the Criminal Petition, which is filed 7. for granting pre-arrest bail to the petitioner/Accused No.1, is disposed of. As a sequel. Miscellaneous petitions, if any pending, shall stand closed. ^ (2014) 8 see 273 Sd/- G HELA NAlOy/ assistant REGISJRAR //TRUE eOPY// SEGTION OFFieER To Police Station, Ongole, Prakasam 1. The Station House Officer, Taluka District. to Sri N.Ravi Prasad, Advocate [OPUC] 3. Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 4. Two CD Copies BSV vna high court \ DATED:26/06/2025 ORDER CRLP NO. 5987 OF 2025 disposing of the criminal petition