IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI iT WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No’s: 8961.8942.8963 & 9050 of 2025 CRIMINAL PETITION NO: 8961 OF 2Q2fi APHC010450142025 Between: B. Chandrakanth @ Chandrakant, S/o. B. Guna Sekhar, Aged 38 years, R/o. 16-59, Pillari Kuppam, Gangadhara Nellore, Tungundram, Chittoor ...Petitioner/ Accused No.5 AND The State of Andhra Pradesh, Rep by the Station House Officer, Rural Police Station, Rep through the Public Prosecutor, High Court of Andhra Pradesh, Nelapadu, Amaravati, Guntur District. Tirupathi ...Respondent Petition under Section 482 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant bail to the petitioner/accused No.5 in the event of arrest in connection with Crime No.462/2025 on the file of the Tirupathi Rural :?xc: t <5 ■ 5 Police Station, Tirupathi for offences punishable u/s. 316(2), 316(5), 318(4) 336(2), 338, 340(2), 61(2), r/w 3(5) of the Bharathiya Nyaya Sanhitha, 2023. lA NO: 1 OF 2025 Petition under Section 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the respondent not to take any coercive steps against the petitioner/accused No.5 in connection with Crime No.462/2025 on the file of the Tirupathi Rural Police Station, Tirupathi for offences punishable u/s. 316(2), 316(5), 318(4), 336(2), 338, 340(2), 61(2), r/w 3(5) of the Bharathiya Nyaya Sanhitha, 2023. : Sri Bandia Pavan Counsel for the Petitioner Counsel for the Respondent: Sri Neelotpal Ganji, Assistant Public Prosecutor CRIMINAL PETITION NO: 8942 OF 2025 APHC010449832025 0^ Between: Thota Kiran Praveen Kumar @ Praveen Kumar Reddy, S/o. Thota Sreenivasa Rao, Aged 29 years, R/o. 2-26A, Atapaka Village, Kaikaluru Mandal, Krishna District - 521333 ...Petitioner/ Accused No.2 AND ;v - 3 ^ The State of Andhra Pradesh, Rep by the Station House Officer, Tirupathi Rep through the Public Prosecutor, High Court of Andhra Rural Police Station Pradesh, Nelapadu, Amaravati, Guntur District ...Respondent Petition under Section 482 of BNSS, praying that in the circumstances of Grounds of Criminal Petition, the High Court bail in the event of the file of the Tirupathi Rural stated in the Memorandum be pleased to enlarge the petitioner/accused No.2 on may arrest in connection with Crime No.462/2025 on Tirupathi for offences punishable u/s. 316(2), 316(5), 318(4) 61(2), r/w 3(5) of the Bharathiya Nyaya Sanhitha, 2023. Police Station, 336(2), 338, 340(2) lA NO: 1 OF 2025 Petition under Section 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court direct the respondent not to take any coercive steps may be pleased to against the petitioner/accused No.2 in connection with Crime No.462/2025 on Station, Tirupathi for offences punishable the file of the Tirupathi Rural Police u/s. 316(2), 316(5), 318(4), 336(2), 338, 340(2), 61(2). r/w 3(5) of the Bharathiya Nyaya Sanhitha, 2023. :Sri Kilaru Nithin Krishna Counsel for the Petitioner Counsel for the Respondent : Sri Neelotpal Ganji, Assistant Public Prosecutor CRIMINAL PETITION NO: 8963 OF 2025 APHC010450112025 kJ 4 Between: Sankarapu Nani, S/o. Venkateswara Rao, Aged 32 years Amaravati Icon. Ashram Road, Near C.S.R Kalyana Mandapam, Tadepalli Guntur District. R/o. Flat No. 309 ...Petitioner/ Accused No.6 and Rep by the Station House Officer, Tirupathi The State of Andhra Pradesh, Rural Police Station, Rep through the Public Prosecutor, High Court of Andhra Pradesh, Nelapadu, Amaravati, Guntur District. ...Respondent that in the under Section 482 of BNSS, 2023, praying Memorandum of Grounds of Criminal Petition, the Petition circumstances stated in the High Court may be pleased to grant bail to the petitioner/accuse d No.6 in the No.462/2025 on the file of the event of arrest in connection with Crime Tirupathi Rural Police Station, Tirupathi for offences punishable u/s. 316(2), 318(4), 336(2), 338, 340(2), 61(2), r/w 3(5) of the Bharathiya Nyaya 316(5), Sanhitha, 2023 lA NO: 1 OF 2025 528 of BNSS, 2023, praying that in the Petition under Section circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the respondent not to take any coercive connection with Crime against the petitioner/Accused No.6 in the file of the Tirupathi Rural Police Station, Tirupathi for steps No.462/2025 on offences r/w 3(5) of the Bharathiya Nyaya Sanhitha, 2023. punishable u/s. 316(2), 316(5), 318(4), 336(2), 338, 340(2), 61(2) : Sri K.Jaya Sivaram Counsel for the Petitioner Counsel for the Respondent : Sri Neelotpal Ganji, Assistant Public Prosecutor .j s CRIMINAL PETITION NO: 9050 OF 2025 APHC010455172025 Between: Komala @ Komali, W/o. B. Anand Reddy, Aged 29 years, R/o. 5/11, B.R. Kandriga Village, Puthalapattu Mandal, Chittoor District. ...Petitioner/ Accused No.4 AND The State of Andhra Pradesh, Rep by the Station House Officer,Tirupathi Rural Police Station,Rep through the Public Prosecutor,High Court of Andhra Pradesh,Nelapadu, Amaravati, Guntur District. ...Respondent Petition under Section 482 BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant bail to the petitioner/accused No.4 in the event of arrest in connection with Crime No.462/2025 on the file of the Tirupathi Rural Police Station, Tirupathi for offences punishable u/s. 316(2), 316(5), 318(4), 336(2), 338, 340(2), 61(2), r/w 3(5) of the Bharathiya Nyaya Sanhitha, 2023 . lA NO: 1 OF 2025 Petition under Section 528 of BNSS, 2023, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition ,the High Court may be pleased to direct the respondent not to take any coercive steps against the petitioner/accused No.4 in connection with Crime No.462/2025 on the file of the Tirupathi Rural Police Station, Tirupathi for offences punishable u/s. 316(2), 316(5), 318(4), 336(2), 338, 340(2), 61(2), r/w 3(5) of the Bharathiya Nyaya Sanhitha, 2023 . Counsel for the Petitioner : Sri Akhil Krishnan Counsel for the Respondent : Sri Neelotpal Ganji, Assistant Public Prosecutor The Court made the following; 1 - 1 Dr. YLR, J CriP. Nos.8961, 8942, 8963 & 9050 of2025 Dated 17.09.2025 APHC010450142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NOs: 8961, 8942, 8963 and 9050 of 2025 1. CRIMINAL PETITION NO: 8961/2025 Between: B. CHANDRAKANTH @ CHANDRAKANT, S/0. B. GUNA SEKHAR, AGED 38 YEARS, R/0. 16-59, PILLARI KUPPAM, GANGADHARA NELLORE, TUNGUNDRAM, CHITTOOR ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep by the Station House Officer, Tirupathi Rural Police Station, Rep through the Public Prosecutor, High Court of Andhra Pradesh, Nelapacu, Amaravati, Guntur District. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: BANDLA PAVAN Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2.CRIMINAL PETITION NO: 8942/2025 Between: THOTA KIRAN PRAVEEN KUMAR ALIAS PRAVEEN KUMAR REDDY, S/0. THOTA SREENIVASA RAO, AGED 29 YEARS, R/0. 2-26A, ATAPAKA VILLAGE, KAIKALURU MANDAL, KRISHNA DISTRICT - 521333 2 Dr. YLR, J Crl.P.Nos.8961, 8942, 8963 & 9050 of2025 Dated 17.09.2025 ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep by the Station House Officer, Tirupathi Rural Police Station, Rep through the Public Prosecutor High Court of Andhra Pradesh, Nelapadu, Amaravati, Guntur District ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: KILARU NITHIN KRISHNA Counsel for the Respondent/complainant: 3. CRIMINAL PETITION NO: 8963/2025 Between: SANKARAPU NANI, S/0. VENKATESWARA RAO, AGED 32 YEARS R/0. FLAT NO. 309, AMARAVATI ICON, ASHRAM ROAD, NEAR C.S.F! KALYANA MANDAPAM, TADEPALLI, GUNTUR DISTRICT. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep by the Station House . Tirupathi Rural Police Station, Rep through the Public Prosecutor, Court of Andhra Pradesh, Nelapadu, Amaravati, Guntur District. ...RESPONDENT/COMPLAINANT Officer, . High Counsel for the Petitioner/accused: KOPPULA JAYA SIVARAM Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 4.CRIMINAL PETITION NO: 9050/2025 Between: KOMALA ALIAS KOMALI, W/0. B. ANAND REDDY AGED 29 R/O. 5/11, B.R. f CHITTOOR DISTRICT. YEARS, KANDRIGA VILLAGE, PUTHALAPATTU MANDAL, 3 Dr. YLR, J CrI.P. Nos. 8961, 8942, 8963 & 9050 of 2025 Dated 17.09.2025 ...PETITIONER/ACCUSED AND STATE OF ANDHRA PRADESH, Rep by the Station House Police Station,Rep through the Public THE Officer,Tirupathi Rural Prosecutor,High Court of Andhra Pradesh,Nelapadu, Amaravati, Guntur District. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: AKHIL KRISHNAN Counsel for the Respondent/complainant: PUBLIC PROSECUTOR The Court made the following: COMMON ORDER: These four Criminal Petitions are heard and disposed of by this order, as the Cr.No.462 of 2025 in the four cases is one and common the same. four Criminal Petitions have been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) Petitioners/Accused No.2 and 4 to 6, for granting of pre-arrest bail 2. These by the in connection with Crime No.462 of 2025 of Tirupati Rural Police Station, registered for the alleged offence punishable under Tirupati District Sections 316 (2), 316 (5), 318 (4), 336 (2), 338, 340 (2), 61 (2) read with 3 (5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS ) J Dr. YLR, J Crl.P.Nos.8961, 8942, 8963 & 9050 of2025 Dated 17.09.2025 CASE OF THE PROSECUTION: 3. The case of the prosecution in Cr.No.462 of 2025 is that on 24.08.2025, at Door No. 4-17/A. Andhra Bank Colony, Sai Nagar, Tirupati Rural Mandal, a complaint was lodged at 1:30 PM. The complainant stated that on 06.10.2022, he came into contact with A1: D. Anand Reddy, CEO of QNIX Business Hub Pvt. Ltd., and his associates A2: T. Kiran Praveen Kumar, A3: P. Harshitha Raju, A4: Komali, A5: Chandrakant, and A6: Shankarapu Nani, who induced him and his relatives to invest in schemes promising high returns and land registration near the Collector’s office, Tirupati. Believing assurances, the complainant initially invested Rs. 3,00,000/-, and along with his relatives, invested a total of Rs. 2.74 crores through cash and online transfers. The accused issued cheques vouchers as security, but the cheques were dishonoured, and no land or returns were provided. The investigation revealed that the accused had their promissory notes, and no genuine intention to fulfil their commitments and misappropriated the funds. After collecting substantial amounts, they absconded. Consequently, offences under cheating, criminal breach of trust, forgery, and criminal conspiracy are made out, and FIR was registered. 5 Dr. YLR, J Crl.P.Nos.8961, 8942, 8963 & 9050 of 2025 Dated 17.09.2025 CONTENTIONS OF THE COUNSELS FOR THE PETITIONERS: 4. The learned counsels for the Petitioners respectfully submit that the Petitioners have been falsely implicated in the present case and they have not committed any offence as alleged. The Petitioners are the sole earning members of their families, and arrest would cause irreparable hardship to dependents. The Petitioners are willing to abide by any condition that this Court may deem fit and proper for the grant of anticipatory bail. 5. It is further submitted that there is no recovery attributable to the Petitioners and custodial interrogation is not warranted in the facts and circumstances of the case. The Petitioners have cooperated with the investigation and there is no likelihood of their absconding or tampering with the prosecution evidence. Therefore, it is prayed that this Court may be pleased to grant pre-arrest bail to the Petitioners/Accused No.2 and 4 to 6 in the interest of justice. ARGUMENTS OF THE ASSISTANT PUBLIC PROSECUTOR: Per contra, Mr.Neelotphal Ganji, learned Assistant Public 6. Prosecutor vehemently opposed anticipatory bail, contending that without approaching the learned Sessions Judge of first instance, the 6 Dr. YLR, J Crl.P.Nos.8961, 8942, 8963 & 9050 of 2025 Dated 17.09.2025 Petitioners filed these four Petitions directly before this Court, such procedure is contrary to the order of the Hon’ble Apex Court in Mohammed RasaLC v. State of Kerala and Another\ and it is urged to dismiss these four Criminal Petitions. 7. Thoughtful consideration is bestowed on the arguments advanced by the learned Counsels for the petitioners and the learned Assistant Public Prosecutor. I have perused the entire records. POINT FOR CONSIDERATION: 8. In the light of the case of the prosecution and the contentions of the learned Counsels for the petitioners and the learned Assistant Public Prosecutor, now the point for consideration is: Whether the Petitioners/Accused No. 2 and 4 to 6 are entitled for grant of pre-arrest bail?' ANALYSIS: 9. These four applications have been filed under Section 482 of ‘the BNSS’, seeking for granting pre-arrest bail without approaching the learned Sessions Judge concerned at first instance. Learned Assistant Public Prosecutor submits that such procedure is contrary to the order of ^Special Leave to Appeal (CrI) Nos. 6588 of 2025, dated 08.09.2025. 7 Dr. YLR, J Grip.Nos.8961, 8942, 8963 & 9050 of 2025 Dated 17.09.2025 the Hon’ble Apex Court in Mohammed Rasal.C v. State of Kerala and Anothei^ wherein at paragraph Nos.7, 8 and 9 it was held as follows:- “7. The Sessions Judge exercises powers under Section 438 Cr.P.C in relation to all cases registered with the police stations in the particular District. This area-wise distribution of work would make it much more convenient and facilitate expeditious disposal, If the application for pre-arrest bail is first filed before the Sessions Court which would have a direct and first-hand assistance of the concerned Public Prosecutor appointed for that particular District. The Sessions Court would also have an immediate access to the Case Diary thereby facilitating a better appreciation of facts of the case. 8. We further feel that if the practice of entertaining the applications for pre-arrest bail directly in the High Court is encouraged, and the parties concerned are not relegated to first approach the Sessions Court concerned, the High Court would be flooded with a spate of pre-arrest bail applications thereby creating a chaotic situation. We say so, because If the parties are required to approach the Sessions Court concerned for seeking remedy of pre arrest bail, there is a strong probability that significant number of applications would be allowed at that level only thereby acting as a filtration process before the process reaches the High Court. 9. It is trite that in most of the States, there is a consistent practice requiring the litigant concerned to first approach the Sessions Court for seeking relief of pre-arrest bail and only In the event of denial of such relief, the litigant would be g anted access to approach the High Court for seeking such relief This is, of course, subject to just exceptions and the High Court, for reasons to be recorded, may entertain an application for pre-arrest bail directly in special/ extra ordinary circumstances." ^Special Leave to Appeal (CrI) Nos. 6588 of 2025, dated 08.09.2025, 8 Dr. YLR, J CriP. Nos.8961, 8942, 8963 & 9050 of 2025 Dated 17.09.2025 Albeit this Court has got concurrent jurisdiction under Section 482 of ‘the BNSS’, such discretionary relief would only be granted, when the Petitioners establish a special or extra ordinary circumstance. As from the averments, the Petitioners neither established a special circumstances nor extra-ordinary circumstance. 10. seen CONCLUSION: In view of the above facts and circumstances of the case, these four Criminal Petitions are disposed of, granting liberty to the Petitioners/Accused Nos.2 and 4 to 6 to approach the learned Sessions Judge concerned and move appropriate applications for grant of pre arrest bail within a period of two (02) weeks from the date of receipt of a copy of this order. Any observations made in this order shall not hinder the learned Sessions Judge concerned from independently applying its mind and passing appropriate orders on merits in accordance with law. 11. Until such time, the Investigating Officer is directed not to take any coercive steps against the Petitioners/Accused Nos.2 and 4 to 6, for the 12. reason that Accused No.5 acted only as the driver of Accused No.1, in whose presence the de-facto complainant parted with a substantial portion of the amount to Accused No.l; Accused No.3 is a partner of QNIX Business Hub Pvt. Ltd.; Accused No.4 is the wife of Accused No.1' 9 Dr. YLR, J CrI.P. Nos.8961, 8942, 8963 & 9050 of 2025 Dated 17.09.2025 and Accused No.6 is the Branch Manager of QNIX Business Hub Pvt. Ltd., Vijayawada Branch. 13. With the above direction, these four Criminal Petitions are disposed of. As a sequel. Miscellaneous petitions, if any pending, shall stand closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Tirupathi Rural Police Station, Tirupathi, Chittoor District. 2. One CC to Sri Bandia Pavan, Advocate [OPUC 3. One CC to Sri Kilaru Nithin Krishna, Advocate [OPUC] 4. One CC to Sri K.Jaya Sivaram, Advocate [OPUC] 5. One CC to Sri Akhil Krishna, Advocate [OPUC] 6. Two CC’s to the Public Prosecutor of High Court of Andhra Pradesh [OUT] 7. Three CD Copies MV sree HIGH COURT DATED: 17/09/2025 COMMON ORDER CRLP No’s. 8961,8942,8963 & 9050 of 2025 = 25 SEP 2025 O m. O^ , Curreni Seciion ^ DISPOSING OF THESE CRIMINAL PETITIONS