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2025 DAILYLAW 24345 (AP)

B Ganesh Babu v. THE STATE OF ANDHRA PRADESH

CRLP/7114/2025 · 2025-08-05

Y Lakshmana Rao

body2025

Judgment text

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APHC010343402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7114/2025 Between: B GANESH BABU, S/O RAJENDRA, AGED ABOUT 24 YEARS, ENGINEERING ASSISTANT, EMPEDU SACHIVALAYAM, SRIKALAHASTI RURAL MANDAL, TIRUPATI DISTRICT, R/O D. NO. 13- 6-600/24, PEDDAKPAU LAY-OUT, TIRUPATI, TIRUPATI DISTRICT ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. by SHO, Srikalahasti Rural Police Station, Through Public Prosecutor, High Court of Andhra Pradesh at Amaravati ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: A SYAM SUNDAR REDDY Counsel for the Respondent/complainant: PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by 2 Dr. YLR, J Crl.P.No.7114 of 2025 Dated 06.08.2025 the petitioner/Accused for granting of pre-arrest bail in connection with unnumbered Crime No.---- of 2025 of Srikalahasti Rural Police Station. 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. 3. The petitioner apprehends that he would be arrested based on the letter dated 08.06.2025 addressed by the District Collector, Tirupati, to the Superintendent Engineer, Panchayat Raj Department, Tirupati, wherein the learned District Collector requested the Superintendent Engineer to take steps for lodging an FIR against the petitioner. 4. The learned Assistant Public Prosecutor submits that, so far, no crime has been registered against the petitioner. 5. The learned counsel for the petitioner submits that the petitioner is under threat of arrest. Of course, this Court has got ample power to grant pre-arrest bail even in an unregistered crime, as per the judgment of the Hon’ble Apex Court in Gurbaksh Singh Sibbia v. State of Panjab1 and Sushila Aggarwal v. State of (NCT of Delhi)2. 6. The learned counsel for the petitioner merely contends that he has got threat of arrest. His apprehension shall be a reasonable 1(1980) 2 SCC 565 2(2020) 5 SCC 1 3 Dr. YLR, J Crl.P.No.7114 of 2025 Dated 06.08.2025 apprehension based on a bonafide belief. There is no FIR at all registered against the petitioner. The apprehension of the petitioner that he would be arrested by the police is only a premature one and misplaced. The petitioner always has the liberty to file a petition seeking grant of pre-arrest bail pursuant to the registration of the FIR against him by the police concerned. Until such time, the apprehension is not a bonafide one. Hence, there are no merits in the petition. 7. In the result, the Criminal Petition is dismissed. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 06.08.2025 RSI 4 Dr. YLR, J Crl.P.No.7114 of 2025 Dated 06.08.2025 162 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITIONNo.7114 of 2025 Date:06.08.2025 RSI