APHC010365392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 0S« TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7576 OF 2025 Between: 1. Jeevan Kumar Bathula, S/o.Aiababu @ Jeevan Bathula, aged about 20 years, Occ: Student, Kothapatnam Mandal, Prakasam District. R/o.Harijanawada, Eethamukkala Village 2. Bommala Venu, S/o.Sridhar @ Venu Badugu, aged about 19 years, Occ; Painter, R/o. D.No.3-75, SC Colony, Doddavarappadu Village, Maddipadu Mandal, Prakasam District. ...Petitioners/Accused No.1 & 2 AND 1. The State of Andhra Pradesh, through SHO, Kothapatnam Police station, Prakasam District, rep. by Public Prosecutor, High Court of AP at Amaravati. 2. Brahmaiah Perikala, S/o.Jalarao, aged about 35 R/o. Madanuru Viiiage, Kothapatnam Mandai (Defacto Complainant) years, Occ: Business, , Prakasam District. ...Respondents Petition filed under Section 528 of BNSS, 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal High Court may be pleased to QUASH the FIR In Crime No.39 of 2025 of Kothapatnam Police Station, Prakasam Petition, the District, under Sections 118(1), against the petitioners/Accused N0.I&2 351(3), R/w 3(5) of BNS. The FIR consequently quash the same. lA NO: 2 OF 2()9fi Petition filed under Section 528 of BNSS 2023 praying that in the circumstances stated in the Memorandum of Criminal Petition may be pleased to STAY all further the High Court proceedings including arrest of petitioners/Accused N0.I&2 in Crime No.39 of 2025 of Kothapatnam Police Station, Prakasam District (II Additional Metropolitan Magistrate, Ongole) pending disposal of main Criminal Petition. Counsel for the Petitioners: Sri Sreenivasa Counsel for the Respondent No.1: Counsel for the Respondent No.2:- The Court made the following; Rao Veliveia Assistant Public Prosecutor ■ APHC01036539202S IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0g0 [3396] wm TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7576/2025 Between: 1.JEEVAN KUMAR BATHULA, S/0 AIABABU, AGED ABOUT 20 YEARS, OCC STUDENT, R/0 HARIJANAWADA, EETHAMUKKALA VILLAGE, KOTHAPATNAM MANDAL PRAKASAM DISTRICT. 2.BOMMALA VENU, S/0 SRIDHAR, AGED ABOUT 19 YEARS, OCCPAINTER, R/0 D. NO. 3-75, SC COLONY^ DODDAVARAPPADU VILLAGE, MADDIPADU MANDAl’ PRAKASAM DISTRICT. ...PETITIONER/ACCUSED{S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF AP AT AMARAVATI 2.BRAHMAIAH PERIKALA, S/0 JALARAO, AGED ABOUT 35 YEARS, OCCBUSINESS, R/0 MADANURU VILLAGE, KOTHAPATNAM MANDAL, PRAKASAM DISTRICT. ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to QUASH the FIR in Crime No. 39 of 2025 of Kothapatnam Police Station, Prakasam District, under sections 118(1), 351(3), R/w 3(5) of BNS. The FIR against the Petitioners/Accused N0.I&2 consequently quash the same and to pass lA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased Pleased to DISPENSE WITH the filing of certified copy of FIR in Crime No. 39 of 2025 of Kothapatnam Police Station, Prakasam District <11 Additional Metropolitan Magistrate, Ongole), and to pas lA NO: 2 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to STAY all further proceedings including arrest of Petitioners/Accused No.1&2 in Crime No. 2 of 2025 of Kothapatnam Police Station, Prakasam District (II Additional Metropolitan Magistrate, Ongole), pending disposal of main Criminal Petition and to pass s Counsel for the Petitioner/accused(S): 1.SREENIVASA RAO VELIVELA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court Made the Following Order: The ihstant Criminal Petition is filed under Section 528 of the 39 BNSS, by the Petitioners herein/Accused Nos.1 and 2, to quash the proceedings in Crime No.39 of 2025 of Kothapatnam Police Station, Prakasam District, registered for the offences punishable under Sections 118(1) and 351 (3) read with 3(5) of BNS. 2. Heard learned counsel for the petitioners and the learned Assistant Public Prosecutor representing the respondent/State. 3. Learned counsel for the petitioners would submit that the petition may be disposed of by giving protection to the petitioners vide guidelines of the Hon’ble Apex Court in Arnesh Kumar v. State ofBihar^. 4. Learned Assistant Public Prosecutor, on instructions, would submit that the offences registered against the petitioners are punishable with less than seven years period of imprisonment and necessary direction may be given to the concerned Station House Officer. 5. Considering the submissions, this criminal petition is disposed of with the following; (2014) 8 see 273 a. Investigating Officer is at liberty to complete the investigation, in accordance with taw. b. In the event of any coercive action sought to be taken against the petitioners, concerned police authorities are directed to scrupulously follow the procedure prescribed under Section 35{3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar’s case (supra). It goes without saying that, if any charge sheet is filed in the above 6. crime, the petitioners are at liberty to challenge the charge sheet, if they feels aggrieved by the same. Accordingly, the Criminal Petition is disposed of. 7. Pending applications, if any, shall stands closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// IT. SECTION OFFICER To, 1. The Station House Officer, Kothapatnam District. 2. One CC to Sri Sreenivasa Rao Velivela, Advocate [OPUC] 3. Two CCs to the Public Prosecutor, High Court of AP 4. Two CD Copies Police Station, Prakasam at Amaravati [OUT] BSV sree HIGH COURT DATED:22/07/2025 ORDER CRLP NO. 7576 OF 2025 ^)IJIJL 2025 irentSectiQ DISPOSING OF THE CRIMINAL PETITION