APHC010394112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7972/2025 Between: GANAGALLA PRASAD, S/O VENKATESWARA RAO, AGED ABOUT 34 YEARS, R/O.D.NO. 13-26-12, CHINNA APPARAO THOTA BHIMAVARAM I TOWN POLICE STATION, BHIMAVARAM, WEST GODAVARI DISTRICT, ANDHRA PRADESH. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.V VIJAYA VARDHAN Counsel for the Respondent/complainant: 1.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’), seeking to enlarge the petitioner/Accused on bail in Cr.No.15 of 2024 of Bhimavaram Police 2 Station, West Godavari District, registered against the Petitioner/Accused herein for the offences punishable under Section 306 read with 34 of the Indian Penal Code, 1860 (for brevity ‘the I.P.C.’). 2. An application was filed under Section 438 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.,) seeking for grant of prearrest bail in Crl.M.P.No.15/2024, but it was dismissed. Again, the Petitioner filed a second application, it was allowed, but not an order as contemplated under Section 438 of ‘the Cr.P.C.,’ that in the event of his arrest he shall be enlarged on bail. The learned Trial Court granted pre-arrest bail, but a direction was issued that he should execute self-bond of Rs.25,000/- before the learned II Additional Judicial Magistrate. This order is against the spirit of Section 438 of ‘the Cr.P.C.’ Normally, pre-arrest bail is granted, and a direction would be given to the Police Officer that in the event of arrest of the Petitioner that he shall be enlarged on bail. The learned Trial Court has not chosen to do so this course of process. Therefore, the Petitioner was constrained to file third bail application, but it was dismissed. 3. Considering the entire gamut of the three applications, the Petitioner is entitled for grant of pre-arrest bail. 4. In the result, the Criminal Petition is allowed with the following conditions: i. In the event of his arrest, the petitioner/Accused shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two 3 sureties for the like sum each to the satisfaction of the arresting police officials. ii. The Petitioner/Accused shall make himself available for investigation as and when required. iii. The Petitioner/Accused shall not cause any threat, inducement or promise to the prosecution witnesses. iv. The Petitioner/Accused shall appear before the Station House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet. v. The Petitioner/Accused shall not leave the State limits without the express permission from the Station House Officer concerned. vi. The Petitioner/Accused shall surrender his passport, if any, to the investigating officer. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. _________________________ DR. Y. LAKSHMANA RAO, J Date: 11.08.2025. VTS