APHC010565352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10980/2025 Between: 1. N VENKATA GOUD, S/O. LATE CHENGE GOWDA,AGED ABOUT 39 YEARS, OCC EX. MEMBER OF LEGISLATIVE ASSEMBLYPALAMANER CONSTITUENCY,R/O.2-5, THOTAKANUMA, THOTA KANUMA,CHITTOOR, ANDHRA PRADESH 517 415. 2. P HEMANTHA KUMAR, S/O. LATE P.SRI RAMULU REDDY,AGED ABOUT 58 YEARS, OCC POLITICIAN R/O.1-94, MASEED STREET, OLD PET, PALAMANER,CHITTOOR, ANDHRA PRADESH. 3. SHAIK MUZAMMIL, S/O. SHAIK DASTHAGIRI,AGED ABOUT 37 YEARS, OCC BUSINESS,R/O. 14-71, BOYA STREET, PALAMANER,CHITTOOR, ANDHRA PRADESH. 4. P MAHESH, C/O. P.PARTHASARADHI,AGED ABOUT 41 YEARS, OCC CARPENTER,R/O.28-342, GANTAVOORU, PALAMANER, PALAMANER, CHITTOOR DISTRICT ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PUBLIC PROSECUTOR,AMARAVATHI, GUNTUR DISTRICT. 2. C LOKESH REDDY, S/O. LATE C.VENKATARAMI REDDY,AGED ABOUT 32 YEARS, OCC POLICE OFFICER,R/O. PALAMANER MANDAL, PALAMANERURBAN P.S.,CHITTOOR, ANDHRA PRADESH. ...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 proceedings in F.I.R.No.251 of 2025 on the file of P.S. Palamaner UPS, Chittoor District for the offence under Section 196(1), 132 r/w 3(5) BNS against the Petitioners/Accused No.1 to 4 IA 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 to dispense with certified copy of the Crime in F.I.R.No.251 of 2025 on the file of P.S. Palamaner UPS, Chittoor District for the offence under Section 196(1), 132 r/w 3(5) BNS, pending disposal of the above Criminal Petition IA 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 to stay all further proceedings in F.I.R.No.251 of 2025 on the file of P.S. Palamaner UPS, Chittoor District for the offence under Section 196(1), 132 r/w 3(5) BNS against the Petitioners/Accused No.1 to 4, pending disposal of the above Criminal Petition Counsel for the Petitioner/accused(S): 1. K RAGHU VEER Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10980/2025 ORDER: The Criminal Petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the petitioners/Accused Nos.1 to 4 for granting of pre-arrest bail in connection with Crime No.251 of 2025 of Palamaner UPS Police Station, Chittoor District, registered for the alleged offences punishable under Sections 329(4), 324(4), 351(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). 2. Facts in brief of the case of prosecution are that, on 21.10.2025, Inspector of Police, Palamaneru Urban Police Station, got information that a clash was going on between the YSRCP and TDP parties near the Government Junior College, Gudiyattam Road, Palamaneru Town and Mandal, the Inspector of Police, Palamaneru Urban Police Station, ordered the Sub Inspector of Police, Palamaneru Urban Police Station. When he got there the petitioners have demolished a wall near Junior College, illegally. A complaint was lodged by Sri C.Lokesh Reddy, Sub Inspector of Police, Palamaneru Urban Police Station and the same was registered as Crime No.251/2025 under Sections 191(1), 132 read with 3(5) of ‘the BNS’. 3. Heard learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the material on record. 4. Petitioner/Accused Nos.1 to 4 have moved this Court for grant of pre- arrest bail. A perusal of the allegations against the petitioners, there are specific overt acts against the Petitioners as seen from the averments of the FIR. However, all the offences are punishable with imprisonment of less than seven years, this Court directs the police to follow the procedure as contemplated under Section 35 (3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (old provision, Section 41A of the Code of Criminal Procedure, 1973) scrupulously as per the guidelines enunciated in Arnesh Kumar Vs. State of Bihar and another1 and also Md. Asfak Alam Vs. The State of Jharkhand2. 5. Accordingly, with the above direction, the Criminal Petition is disposed of. _________________________ DR. Y. LAKSHMANA RAO, J Date: 24th October, 2025 RKS 1(2014) 8 SCC 273 2 (2023) 8 SCC 632