APHC010699262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 13297/2025 Between: Boya Veera Naidu, and Others ...PETITIONER/ACCUSED(S) AND State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. P NARASIMHULU Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioners/Accused Nos.15 and 21 for granting of pre-arrest bail in connection with Crime No.81 of 2025 of Kodumur Police Station, Kurnool District, registered for the alleged offence punishable under Sections 115(2), 118(1) and 351(2) read with 3(5) of Bharatiya Nyaya Sanhita (for short ‘the BNS’) 2 2. Heard the learned counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the record. 3. On perusal of the record, this is the second bail application filed by the petitioners/Accused Nos.15 and 21. The first bail applications were dismissed by this Court in Crl.P.Nos.11842 and 11867 of 2025, vide order dated 01.12.2025. The learned Assistant Public Prosecutor submits that there is no change in circumstances from the date of dismissal of the earlier bail applications till the filing of the present bail application. 4. On perusal of the record, this Court dismissed the first bail applications on the ground that there are specific overt acts attributed against the petitioners/accused Nos.15 and 21. There were no reasonable grounds to believe that the petitioners/accused Nos.15 and 21 had not committed any offence. There are specific overt acts attributed to the petitioners. In view of these circumstances, the petitioners/accused Nos.15 and 21 are not entitled to the grant of pre-arrest bail, as it would amount to providing a shield or protection to a person against whom specific overt acts attributed. Grant of pre-arrest bail is not a license for the commission of cognizable and non- bailable offences, as per the decisions of the Hon’ble Apex Court in Gurbaksh Singh Sibbia v. State of Panjab1and Sushila Aggarwal v. State of (NCT of Delhi)2. Hence, there are no merits in the petition. 1(1980) 2 SCC 565 2(2020) 5 SCC 1 3 5. In the result, the Criminal Petition is disposed of. However, as per the request of the learned counsel for the petitioners/accused Nos.15 and 21, liberty is granted to the petitioners/accused Nos.15 and 21 to surrender before the learned Jurisdictional Court concerned within one (01) week from the date of receipt of copy of this order, and move an appropriate application before the learned Jurisdictional Court concerned. On such filing, the learned Jurisdictional Court concerned is directed to dispose of the said application in accordance with law, on its own merits by giving due and sufficient opportunity to both the learned counsels, and pass appropriate orders within a period of one week. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 30.12.2025 S D P 4 175 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 13297 of 2025 Date: 30.12.2025 S D P