APHC010021802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 440/2025 Between: Vardhineni Jahnavi ...PETITIONER/ACCUSED A N D The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. G N V PULLA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 O R D E R:- This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘the BNSS’) has been filed on behalf of the petitioner/accused to grant anticipatory bail in connection with Crime No.125 of 2024 of Santhapeta Police Station, Sri Potti Sriramulu Nellore District registered for the offence punishable under Section 318 (4) of the Bharatiya Nyaya Sanhitha, 2023 (for brevity ‘BNS’). 2. Heard. Perused the record. 3. Case of prosecution is that the de facto complainant viz. Dr. V.Hazarath Kumar runs a hospital viz. Vijetha Eye Hospital at Brundavanam area of SPSR Nellore District; one year prior to 19.09.2024, one Venkat, who is accused, came to his hospital and stated that he was running a shop in the name and style of Vijaya Karthikeya and Durga Generators shop and requested the de facto complainant to purchase generators from him; the accused also used to remind the same to the Manager of the hospital viz. Sk.Subhani; that accordingly, the de facto complainant ordered generator from accused and transferred a sum of Rs.5,50,000/- to the HDFC bank account bearing No.59210000200304 holds by Vijaya Karthikeya; that whenever the de facto complainant questioned the accused over phone about the delivery of 3 generator, the accused dragged on the matter for twenty days and finally, he avoided the phone call; that the de facto complainant went to the shop of the accused, but it was found closed. The de facto complainant presented report to police on 19.09.2024 and pursuant to same, a case in Crime No.125 of 2024 of Santhapet Police Station was registered for the offence punishable under Section 318 (4) of the BNS and investigated into. 4. Learned counsel for the petitioner submitted that the petitioner is daughter of the accused, working as an Associate Application Developer in Oracle Financial Services Software Company, Bangalore; on 26.12.2024 the respondent-police sent an e-Mail to the petitioner under Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘BNSS’) alleging that the accused, who is father of the petitioner, sent the alleged amount of Rs.5,50,000/- to the bank account of petitioner vide A/c. No.457001208591, IFSC Code: HDFC0000473, HDFC Bank, Nellore Town branch and directed the petitioner to appear before the Investigating Officer, III Town Police Station, Nellore between 26.12.2024 and 31.12.2024 along with six months’ bank statement; that the respondent-police are threatening the petitioner that they may arrest her at any point of time, if she does not visit the police station. 4 5. Heard. Perused the material available on record. 6. The petitioner’s name or her role was not mentioned in the report and basing on the allegation that the amount was transferred from the account of the accused to her account, respondent-police are taking steps to alter the section of law and also to include the petitioner. A perusal of material on record goes to show that the apprehension of the petitioner is about the possible implication of her name in the criminal proceedings that may be initiated by police pursuant to the aforesaid investigation in Crime No.125 of 2024 of Santhapeta Police Station, SPSR Nellore District. 7. In the circumstances, this Criminal Petition is disposed of, directing the respondent-police to issue 48 hours’ prior notice to the petitioner before taking any coercive action in the crime vide FIR No.125 of 2024 of Santhapeta Police Station, SPSR Nellore District. 8. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed. _______________________ __ JUSTICE K. SREENIVASA REDDY 27th January, 2025. DNB