1 APHC010575112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE THIRTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NOS: 11140 AND 11261 OF 2025 CRIMINAL PETITION NO: 11140/2025 Between: Mekala Anil ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. VARREY VENTAKATA NAGAVISHNU TEJA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR CRIMINAL PETITION NO: 11261/2025 Between: Mekala Santosh ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. VARREY VENTAKATA NAGAVISHNU TEJA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 COMMON ORDER: The Criminal Petition Nos.11140 and 11261 of 2025 have been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioner/Accused No.3 and petitioner/accused No.4 respectively for granting of pre-arrest bail in connection with Crime No.255 of 2024 of Gokavaram Police Station, East Godavari District, registered for the alleged offence punishable under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘the BNS’). 2. These two Criminal Petition Nos.11140 and 11261 of 2025 are heard and disposed of by way of this common order, as the petitioners in these two petitions are accused in the same crime. 3. Heard the learned Counsels for the Petitioners and the learned Assistant Public Prosecutor. 4. Ms. V.V.N.V. Teja, learned counsel for the petitioners, submits that FIR was lodged on 05.09.2024, whereas the alleged offence took place on 12.08.2024. In Crime No. 255 of 2024 of Gokavaram Police Station, one Panja Bhadra Rao @ Badhri and Musugu Siva confessed that they, along with the present petitioners and some others, had committed theft of a Pulsar motorcycle. In that crime, the petitioners were already enlarged on bail by the learned III Additional Judicial First Class Magistrate, Rajamahendravaram, in Crime No. 255 of 2024, dated 14.11.2024. It is further submitted that the 3 petitioners have been falsely implicated in the present case and that they have not committed any offence. The petitioners are the sole breadwinners of their respective families, and therefore, it is urged that pre-arrest bail may be granted to them. 5. Per contra, Ms. P.Akila Naidu, learned Assistant Public Prosecutor submits that there are several adverse antecedents against the petitioners. The investigation is pending and it is urged to dismiss the bail applications. 6. On perusal of the record, it appears that so far only four witnesses have been examined. The learned Assistant Public Prosecutor submits that there are 11 ‘the IPC’ cases registered against accused No.3 and 6 ‘the IPC’ cases registered against accused No.4. There is also one similar antecedent reported against petitioners/accused Nos. 3 and 4 under the provisions of ‘the NDPS Act’. As the investigation is at a progressive stage, this Court does not find it appropriate to grant pre-arrest bail to the petitioners at this stage. 7. In view of these circumstances, the petitioners/accused Nos.3 and 4 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 4 Gurbaksh Singh Sibbia v. State of Panjab1and Sushila Aggarwal v. State of (NCT of Delhi)2. Hence, there are no merits in the petition. 8. In the result, the Criminal Petition Nos.11140 and 11261 of 2025 are dismissed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 13.11.2025 S D P 1(1980) 2 SCC 565 2(2020) 5 SCC 1 5 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 11140 and 11261 OF 2025 13.11.2025 S D P