APHC010397912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT honourable dr justice y. lakshmana CRIMINAL PETITION Nns «778 and B7«n r.t on-)!: CRIMINAL PETITION No.8?7B nf 7n->g Between: 1. Mrs Fatima Usman Chaudary @ Zoya, W/o Usman Chaudary, R/o Flat No.604, MSA DE Royal Apartment, Telangana. 2. Mohammad Tanveer Ahmed, S/o Mohammed No.604, MSA DE Royal Apartment, SA Colony Telangana. RAO SA Colony, Tolichowki, Hyderabad Munner Ahmed, R/o Flat , Tolichowki, Hyderabad ■..Petitioners/Accused Nos.4 & 5 AND The State of Andhra Pradesh, Rep by Public Prosecutor, AP, Amaravati. High Court of ....Respondent Petition under Section 482 of BNSS stated in the Memorandum of Grounds may be pleased to grant anticipatory bail to the Petitioners / A4 and A5 in the event of their arrest in connection with Crime No. 466 of 2024 Muvvalavaripalem Police Station, Visakhapatnam praying that in the circumstances of Criminal Petition, the High Court on the file of District. \A NO: 1 OF 9()9fi Petition under Section 528 of BNSS stated in the Memorandum of Grounds praying that in the circumstances of Criminal Petition, the High Court may be pleased to direct the Respondent not to produce any P.T warrant before the learned XV Additional Metropolitan Magistrate, Bhimunipatnanr in connection with Crime No.466 of 2024 on the file of Muwalavarlpalem Police Station, Visakhapatnam District, against the petitioners herein pending disposal of the above Criminal Petition. Counsel for the Petitioners : Sri Sudhakara Rao Ambati Counsel for the Respondent : Public Prosecutor ^IMINAL PgTITION No fi7«n of onoc Between: 1. Mrs Fatima Usman Chaudary @ Zoya, W/o Usman Chaudary, R/o Flat No.604, MSA DE Royal Apartment, SA Colony, Tolichowki, Hyderabad, Telangana. 2. Mohammad Tanveer Ahmed, S/o Mohammed Manner Ahmed, R/o Flat No.604, MSA DE Royal Apartment, SA Colony, Tolichowki, Hyderabad Telangana. ....Petitioners/Accused Nos.4 & 5 AND The State of Andhra Pradesh, Rep by Public Prosecutor, AP, Amaravati. High Court of ...Respondent praying that in the circumstances of Criminal Petition, the High Court to the Petitioners / A4 and A5 in the Petition under Section 482 of BNSS stated in the Memorandum of Grounds may be pleased to grant anticipatory bail event of their arrest in connection with Crime No.413 of 2024 on the fiie of Bhimunipatnam Poiice Station, Visakhapatnam Commissionerate lA NO: 1 OF 2n?/> District. Petition under Section 528 of BNSS praying that in the circumstances the High Court any P.T. warrant stated in the Memorandum of Grounds of Criminal Petition may be pleased to direct the Respondent not to produce before the learned XV Additional Metropolitan Magistrate, connection with Crime No.413 of 2024 on the file of Bhimunipatnam Police Station, Visakhapatnam Commissionerate District Bhimunipatnam in against the petitioners herein, pending disposal of the above Criminal Petition. Counsel for the Petitioners : Sri Sudhakara Rao Ambati Counsel for the Respondent : Public Prosecutor The Court made the following order: j APHC010397862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8278/2025 Between: Mrs Fatima Usman Chaudary Alias Zoya and others ...PETITIONER/ACCUSED(S) AND The State of Andhra Pradesh ...RESPONDENT/COMPLAINANT CRIMINAL PETITION NO: 8280/2025 Between: Mrs Fatima Usman Chaudary Alias Zoya and ...PETITIONER/ACCUSED(S ) others AND The State of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): Sudhakara Rao Ambati Counsel for the Respondent/complainant: Public Prosecutor The Court made the following: 2 Dr.YI Crl.P.No.8278 of 2025 Dated 19.08.2025 COMMON ORDER! These Criminal Petitions are heard together and disposed of by this common order, inasmuch as the submissions of the State are one and the same. 2. The petitions have been filed seeking grant of pre-arrest bail to the petitioners, who apprehend that they are likely to be arraigned as accused in Crime No.413 of 2025 of Bhimunipatnam Police Station and Crime No.466 of 2025 of Movvalavaripalem Police Station, Visakhapatnam respectively. District, 3. At the threshold, the learned Assistant Public Prosecutor submits that the petitioners have not yet been arraigned as accused in the above crimes. Therefore, the apprehension of the petitioners that they are going to be arrested soon after being enlarged on bail in Crime Nos.413 and 466 of 2025, it not a reasonable and genuine. The Hon’ble Apex Court, in Gurbaksh Singh Sibbia v. State of Punjab^ and Sushila Aggarwal v. State (NOT of Delhif, has categorically held that unless there exists a genuine or bona fide belief of imminent threat of arrest, the discretionary relief of pre-arrest bail cannot be granted. In the present case, the petitioners are already in judicial custody in Crime Nos.413 and 466 of 2025, and so far, they have not been shown as ^ (1980) 2 see 565 ^ (2020) 5 see 1 3 Dr.YLR, J Crl.P.No.8278 of 2025 Dated 19.08.2025 accused in the present crimes. Whether the police will cases is still uncertain. Hence, these arrest them in these petitions are premature. 4. Accordingly, without going into the merits of the petitions are disposed of, appropriate application at the costs. matter, both the granting liberty to the petitioners appropriate stage. There shall be to move an no order as to As a sequel, Interlocutory applications if any pending, shall Stand closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR j> //TRUE COPY// SECTION OFFICER To Station Muvvalapalem Police 1. The Station House Officer, Visakhapatnam District. Station Bhimunipatnam Police 2. The Station House Officer, Visakhapatnam Commissionerate District. 3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh Amaravathi[OUT] 4. One CO to Sri Sudhakara Rao Ambati, Advocate [OPUG] 5. Two CD Copies Pmg vna HIGH COURT DATED:19/08/2025 COMMON ORDER CRLP Nos. 8278 & 8280 of 2025 DISPOSING OF THE CRIMINAL PETITION’S