APHC010215812025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4565/2025 Between: Pebbili Ravi Kumar The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused: 1. R SIVA SAI SWARUP Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following 1. The Criminal Petition is filed under Section 483(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'BNSS'), seeking to delete or set aside the portion of th 2025, dated 01.04.2025, specifically paragraph No.8(ii), by the learned Special Sessions Judge for Trial of Cases under the SC & ST (POA) Act XI Additional District Judge, Visakhapatnam insofar as it directs the petiti agency summons him for the purpose of DNA profiling,” by allowing the present criminal petition. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4565/2025 ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: R SIVA SAI SWARUP Counsel for the Respondent/complainant(S): PUBLIC PROSECUTOR made the following ORDER: The Criminal Petition is filed under Section 483(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'BNSS'), seeking to delete or set aside the portion of the condition imposed in Crl.M.P.No. 2025, dated 01.04.2025, specifically paragraph No.8(ii), by the learned Special Sessions Judge for Trial of Cases under the SC & ST (POA) Act XI Additional District Judge, Visakhapatnam (for short, ‘the Special Court’) insofar as it directs the petitioner to “attend as and when the investigating agency summons him for the purpose of DNA profiling,” by allowing the IN THE HIGH COURT OF ANDHRA PRADESH [3369] THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO ...PETITIONER/ACCUSED ...RESPONDENT/COMPLAINANT(S) The Criminal Petition is filed under Section 483(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'BNSS'), seeking e condition imposed in Crl.M.P.No.896 of 2025, dated 01.04.2025, specifically paragraph No.8(ii), by the learned Special Sessions Judge for Trial of Cases under the SC & ST (POA) Act-cum- (for short, ‘the Special Court’), oner to “attend as and when the investigating agency summons him for the purpose of DNA profiling,” by allowing the 2 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor representing the Respondent No.1 / State. 3. The learned counsel for the petitioner contends that the petitioner is the accused in Cr.No.311 of 2023 of Pendurthi Police Station; he filed a regular bail application in Crl.M.P.No.896 of 2025 before the Special Court. The Special Court, while granting bail to the petitioner / accused in the said petition, imposed the following conditions: (i) The petitioner / accused is enlarged on bail upon execution of self bond for Rs.20,000/- with two sureties for like sum each. (ii) The petitioner / accused is directed not to influence or threat defacto complainant and witnesses by any means and attend as and when the investigation agency summoned him for the purpose of DNA profiling, failing which of these conditions, his bail bond shall stand cancelled at the instance of prosecution. 4. The learned counsel for the petitioner further submits that the Special Court had earlier passed an order in Crl.M.P.No.1594 of 2023 in Cr.No.311 of 2023 of Pendurthi P.S., directing the petitioner / accused to attend for a DNA test upon being summoned by the police i.e., investigation agency. Aggrieved by the said order, the accused filed a revision in Crl.R.C.No.1149 of 2023 before this Court. 5. The learned counsel for the petitioner brought to the notice of the Court that, pursuant to the orders in I.A.No.2 of 2023 in Crl.R.C.No.1149 of 2023, this Court granted a stay on the operation of the impugned order dated 27.11.2023 in Crl.M.P.No.1594 of 2023 in Cr.No.311 of 2023 of Pendurthy Police station. 6. In view of the pendency of the Criminal Revision Case No.1149 of 2023, the stay granted on the order 27.11.2023 in Crl.M.P.No.1594 of 2023 passed by the Special Court, and the ongoing proceedings of this petition, the petitioner need not attend before the investigation officer for DNA profiling. 3 7. Accordingly, the Criminal petition is disposed of, subject to the outcome of the Criminal Revision Case No.1149 of 2023, and the condition is relaxed with regard to petitioner’s appearance for the purpose of DNA profiling. However, the petitioner’s attendance shall be subject to the orders passed in Crl.R.C.No.1149 of 2023. Miscellaneous applications pending, if any, shall stand closed. _____________________________ JUSTICE T MALLIKARJUNA RAO Date: 05.05.2025 SAK 4 THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4565/2025 Date: 05.05.2025 SAK