APHC010475192026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] SATURDAY, THE 19th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7987/2026 Between: R ASHOKAN ALIAS ASHOK, S/O. LATE M. RATNAM AGED ABOUT 60 YEARS,R/O. D.NO.6-43, PICHATURU TOWN MANDAL,TIRUPATI DISTRICT, ANDHRA PRADESH. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, ,Rep. by its Public Prosecutor,High Court of Andhra Pradesh, Amaravati, ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: SARMA C V S S Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr.YLR,J Crl.P.No.7987 of 2026 Dated 19.09.2026 The Court made the following: ORDER: This Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’), by the petitioner/Accused No.2, for granting of pre-arrest bail in connection with Crime No.45 of 2026 of Pitchatoor Police Station, Tirupati District, registered for the alleged offence punishable under Sections 127(2), 351(3), 318(2), 308(5) read with 34 of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). 2. Mr. Sarma C.V.S.S., learned counsel for the petitioner, submits that the petitioner is aged about 60 years and is innocent of the alleged offences and has been falsely implicated in the case. He submits that the petitioner is a law-abiding citizen, has got fixed abode and undertakes to abide by any conditions that may be imposed by this Court while granting pre-arrest bail. No injuries were found on the body of the de-facto complainant. Hence, it is urged to grant pre-arrest bail to the petitioner. 3. Per contra, Mr. A. Sai Rohit, learned Assistant Public Prosecutor, opposes the petition and submits that the petitioner and the other accused have committed the offences of wrongful confinement, criminal intimidation, exhortation and cheating. Nearly Rs.20,000/- was extorted from the de- facto complainant by the petitioner and the other accused. There are 3 Dr.YLR,J Crl.P.No.7987 of 2026 Dated 19.09.2026 specific allegations against the petitioner by the de-facto complainant. Out of the six accused, five accused have been arrested and the petitioner has been absconding. He further submits that the allegations disclose a prima facie case against the petitioner and apprehends that, if granted pre-arrest bail, the petitioner may influence the witnesses or hamper the investigation. Therefore, he seeks dismissal of the petition. 4. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. 5. Thoughtful consideration is bestowed on the arguments advanced by the learned Counsel for both sides. I have perused the entire record. 6. Now the point for consideration is: “Whether the Petitioner is entitled for grant of pre-arrest bail?” 7. As seen from the record, the petitioner is arraigned as Accused No.2. Out of the six accused, five accused have already been arrested. The de- facto complainant alleged that the petitioner and the other accused wrongfully confined him and other witnesses, subjected them to criminal intimidation, and extorted an amount of Rs.20,000/- from the de-facto complainant. There are specific overt acts attributed against the petitioner by the de-facto complainant. The investigation is still in progress, and the necessity of the petitioner's custodial interrogation cannot be ruled out at this stage. 4 Dr.YLR,J Crl.P.No.7987 of 2026 Dated 19.09.2026 8. In view of the specific overt acts attributed against the petitioner/Accused No.2, this Court is not inclined to grant pre-arrest bail to the petitioner, as it would amount to giving a shield, protection or licence to the petitioner in respect of the specific allegations levelled against him, as per the judgments of the Hon’ble Apex Court in Gurbaksh Singh Sibbia v. State of Panjab1 and Sushila Aggarwal v. State of (NCT of Delhi)2. 9. The learned counsel for the petitioner seeks permission for the petitioner to surrender before the learned Jurisdictional Court for grant of regular bail. 10. In view of the law laid down by the Hon'ble Supreme Court in Om Prakash Chhawnika alias Om Prakash Chabnika v. State of Jharkhand3, particularly in paragraph Nos.12 and 13, wherein it was held that the High Courts should exercise caution in entertaining unnecessary anticipatory bail applications and that, upon rejection of an anticipatory bail application, the Court has no jurisdiction to direct the petitioner to surrender and seek regular bail before the concerned Court. Though the Court may reject the anticipatory bail application, it cannot compel the petitioner to surrender. Therefore, the question of granting permission to surrender does not arise. 11. Be that as it may, Section 437 of ‘the Cr.P.C.,’/Section 480 of ‘the BNSS’ enables the petitioner to appear before the learned Jurisdictional Court 1(1980) 2 SCC 565 (2020) 5 SCC 1 3 2026 SCC OnLine SC 676 5 Dr.YLR,J Crl.P.No.7987 of 2026 Dated 19.09.2026 concerned, which may be the Magistrate Court or a Special Court exercising the powers of a Magistrate, while dealing with the case. The learned Magistrate may pass appropriate orders, either remanding him to judicial custody in respect of an offence not punishable with death or imprisonment for life, or enlarging the petitioner on bail, subject to such conditions as may be imposed. 12. Therefore, no order is required to be passed by this Court in view of the law laid down by the Hon'ble Supreme Court in Om Prakash Chhawnika alias Om Prakash Chabnika supra, and the petitioner is always at liberty to appear before the learned Jurisdictional Court concerned by invoking the jurisdiction of the said Court under Section 437 of ‘the Cr.P.C.,’/Section 480 of ‘the BNSS’. Accordingly, this Court finds no merit in the Criminal Petition, and the same is liable to be dismissed. 13. In the result, the Criminal Petition is dismissed. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 19.09.2026 RSI/DRNR 6 Dr.YLR,J Crl.P.No.7987 of 2026 Dated 19.09.2026 17 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7987 of 2026 19.09.2026 RSI/DRNR