APHC010327392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6860/2025 Between: 1.NAMBURI SANKAR RAO, , S/O NAGESWARA RAO. AGE 59 YEARS, OCC POLITICIAN, R/O D 3-66, JKC COLLEGE ROAD, REVENUE WARD NO-57, PATTABHIPURAM, GUNTUR, GUNTUR DISTRICT. 2.BOLLA BRAHMANAIDU,@ BELLA BHRAMNAIDU, S/O HANUMAIAH, AGE 69 YEARS, OCC POLITICIAN, R/O. 12-13-27/A, PRAKASHNAGAR, 60 FEET ROAD, NARSARAOPETA, PALNADU DISTRICT ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT AT NELAPADU AMARAVATI, THROUGH THE STATION HOUSE OFFICER, SATTENAPALLE RURAL P.S., PALNADU DISTRICT. 2.BUSIRAJU LAKSHMI, W/O. VEERA RAGHAVALU, AGED ABOUT 32 YEARS, OCC VRO, RENTAPALLA PALNADU DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): GOUTHAMI SURAPAREDDY Counsel for the Respondent/complainant(S): PUBLIC PROSECUTOR 2 The Court made the following: O R D E R:- This Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) has been filed on behalf of the petitioners/accused Nos.4 and 9 to quash the proceedings against the petitioners/accused Nos.4 and 9 in Crime No.74 of 2025 of Sattenapalle Rural Police Station, Palnadu District, registered for the offences punishable under Sections 223 (a), 126 (2), 189 (2) read with 190 of the Bharatiya Nyaya Sanhitha, 2023 (for brevity ‘the BNS’). 2. Brief facts of the case of prosecution are that, one Korlakunta Nagamalleswara Rao, who was son of accused No.1, committed suicide and accused No.1 with a view to set up bronze statue of his deceased son at Rentapalli village of Sattenapalli Mandal, invited the Ex-Chief Minister to unveil the statue and accused No.2, being In-charge of Sattenapalli YSRCP party, applied for permission of the above programme; that the police officers visited the place of unveiling of statue and observed that the road was narrow and there would be possibility of stampede and suggested the accused to conduct programme with limited gathering. But, the accused Nos.1 to 3 and some others formed into unlawful assembly, played DJ sound systems, wrongfully restrained the public transport, caused traffic jam to all the vehicular traffic on Sattenapalli-Atchampet road and caused inconvenience to the public. The incident was reported and a case in Crime No.74 of 2025 of Sattenapalli Rural Police Station was registered for the aforesaid offences and investigated into. 3 3. Heard. Perused the material on record. 4. Petitioner/Accused Nos.4 and 9 have moved this Court for grant of pre- arrest bail. A perusal of the allegations against the petitioners, there are specific overt acts against the Petitioner as seen from the averments of the FIR. However, all the offences are punishable with imprisonment of less than seven years, this Court directs the police to follow the procedure as contemplated under Section 35 (3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (old provision, Section 41A of the Code of Criminal Procedure, 1973) scrupulously as per the guidelines enunciated in Arnesh Kumar Vs. State of Bihar and another1 and also Md. Asfak Alam Vs. The State of Jharkhand2. 5. Accordingly, with the above direction, the Criminal Petition is disposed of. ________________________ DR. Y. LAKSHMANA RAO, J Date: 17.07.2025 VTS 1 (2014) 8 SCC 273 2 (2023) 8 SCC 632