APHC010327482025 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: 6862/2025 Between: 1.GAJJALA SUDHIR BHARGAVA REDDY, S/O BRAHMA REDDY, AGED ABOUT 42 YEARS, OCC DOCTOR, R/O.10-1-18, VADDERA STREET, ARUNAL PET, OPP BRAHMANANDAREDDY COLLEGE, NARSARAOPET, PALNADU DISTRICT. 2.GOPIREDDY SRINIVASAREDDY, ,S/O VENKATESWARA REDDY, AGE 61 YEARS, OCC DOCTOR, R/O 3-16/1, SATTENAPALLI MANDALAM, RENTAPALLA, PALNADUDISTRICT. ...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 TOWN P.S., PALNADU DISTRICT. 2.NARAHARI NAGA MALLESWARA RAO, , S/O. VENKATA SWAMY, AGED ABOUT 45 YEARS, OCC CL SATTENAPALLI TOWN PS, PALNADU DISTRICT ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): GOUTHAMI SURAPAREDDY Counsel for the Respondent/complainant(S): 2 PUBLIC PROSECUTOR 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.1 and 2 to quash the proceedings against the petitioners/accused Nos.1 and 2 in Crime No.156 of 2025 of Sattenapalle Rural Police Station, Palnadu District, registered for the offences punishable under Sections 223, 261, 189(3), 189(4) read with 190 of the Bharatiya Nyaya Sanhitha, 2023 (for brevity ‘the BNS.,’), 3 OREUPDPPA. 2. Facts in brief of the case of prosecution are that, on 18.06.2025, despite prohibitory orders issued under Section 163 of ‘the BNSS.,’ and enforcement of Section 30 of the Police Act, a bike rally was organized by accused persons Gajjala Sudheer Bhargav Reddy (A1), Gopireddy Srinivasa Reddy (A2), and other YSR Congress Party leaders in Sattenapalli Town. The rally, held in connection with the scheduled unveiling of a statue of Korukunta Nagamalleswara Rao by Sri Y.S. Jagan Mohan Reddy, involved large party flags, DJ sound systems, and unlawful assembly with sticks, resulting in noise pollution, public panic, and obstruction of traffic on the Guntur–Hyderabad highway, particularly near schools and hospitals. The incident led to damage of government property including traffic signboards and stop boards. A complaint was lodged by N. Nagamalleswarao, Inspector of Police, Sattenapalli Town Police Station, and based on the same, Crime No.156/2025 3 was registered under Sections 223, 261(1), 189(3), 189(4) read with 190 of ‘the BNS’ and Section 3 of the PDPP Act. 3. Heard. Perused the material on record. 4. Petitioner/Accused Nos.1 and 2 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