APHC010408402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8303/2025 Between: 1. PAVAN KUMAR CHARI PEDAPROLU, AGED 34 YEARS, C/O. SURESH KUMAR CHARI PEDAPROLU, NEAR CHANUMOLU VENKATARAO FLY OVER, R R NAGAR,5-6-59/112, BLOCK-A,SF 13, SIVA DURGA ENCLAVE, VIJAYAWADA(URBAN) KARNAKOTINAGAR, KRISHNA ANDHRA PRADESH-520012. 2. KALYAN KUMAR CHARI PEDAPROLU, AGED 31 YEARS, C/O. SURESH KUMAR CHARI PEDAPROLU, NEAR CHANUMOLU VENKATARAO FLY OVER, R R NAGAR,5-6-59/112, BLOCK-A,SF 13, SIVA DURGA ENCLAVE, VIJAYAWADA(URBAN) KARNAKOTINAGAR, KRISHNA ANDHRA PRADESH-520012. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Rep. By its Public Prosecutor, High Court of A.P, Amaravati, Through Station House Officer, Cyber Crime Police Station, Visakhapatnam District. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. SRAVAN KUMAR NAIDANA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 The Court made the following: ORDER: This criminal petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to grant pre-arrest bail to the petitioners in crime No. 154 of 2025 of Mangalagiri Rural Police Station, Guntur District, registered for the offences punishable under Sections 196 (1), 79, 353 (1), 61 (2) and 111 (1) of the Bharatiya Nyaya Sanhita, 2023, and Sections 67 and 67-A of Information Technology Act. 2. Case of the prosecution is that on 10-04-2025 at about 12.30 hours, the de facto complainant and his friend noticed one video and the video contains that the accused by name Chebrol Kiran Kumar who is working in ITDP abused Former Chief Minister of Andhra Pradesh State by name Sri Y.S.Jagan Mohan Reddy and his wife in a television channel and tried to create a rift between the two political parties. 3. Today when the matter is taken up for hearing, learned Assistant Public Prosecutor, on instructions, submits that so far, the police have not decided to array the petitioners as accused. 4. Grant of anticipatory bail would come into operation when there is a genuine threat of arrest or bona fide belief that one is going to be arrested by the police in connection with a crime as per the decision of the Hon'ble 3 Apex Court in Gurbaksh Singh Sibbia Vs. State of Punjab1 and Sushila Aggarwal Vs. State of (NCT of Delhi)2. Since learned Assistant Public Prosecutor submits that the police have not shown the petitioners as accused, the fact of their arrest is only an illusion. 5. In view of the above, the criminal petition is disposed of giving liberty to the petitioners to file a criminal petition afresh for the same relief as and when they get a genuine or a bona fide apprehension of their arrest. _________________________ DR. Y. LAKSHMANA RAO, J Date: 20.08.2025 JSK 1 (1980) 2 SCC 565 2 (2020) 5 SCC 1 4 THE HONOURABLE DR. JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No. 8303 OF 2025 Date: 20.08.2025 JSK