APHC010010242026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: Between: 1. KAKUMANU VENKATA KRISHNA MOHANA RAO, S/O.K PUMA CHANDRA RAO, AGED 53 YEARS,OCC. BUSINESS, R/O. DOOR NO.9-6-244, PLOT NO 103,DRAIN STREET, ISLAMPET, VIJAYAWADA RURAL, KRISHNA ANDHRA PRADESH 520001. 1. THE STATE OF ANDHRA PRADESH, rep byBhavanipuram Police Station, NTR Commissionerate,NTR District, Rep. by the Public Prosecutor,High Court of Andhra Pradesh, Amaravati. Petition under Section 437/438/439/482 of Cr.P.C and 528 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to enlarge the petitioners on Anticipatory Bail in Crime No.600 of 2025 on the file of the Bhavanipuram Police Station, NTR Commiss and pass IA NO: 1 OF 2026 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased plea the petitioner in Crime No.600 of 2025 on the file of the Bhavanipuram Police 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 162/2026 KAKUMANU VENKATA KRISHNA MOHANA RAO, S/O.K PUMA CHANDRA RAO, AGED 53 YEARS,OCC. BUSINESS, R/O. DOOR 244, PLOT NO 103,DRAIN STREET, ISLAMPET, VIJAYAWADA RURAL, KRISHNA ANDHRA PRADESH 520001. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, rep byBhavanipuram Police Station, NTR Commissionerate,NTR District, Rep. by the Public Prosecutor,High Court of Andhra Pradesh, Amaravati. ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to enlarge the petitioners on Anticipatory Bail in Crime No.600 of 2025 on the file of the Bhavanipuram Police Station, NTR Commissionerate, NTR District, in the event of his arrest Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to grant Ad- interim Anticipatory Bail to the petitioner in Crime No.600 of 2025 on the file of the Bhavanipuram Police IN THE HIGH COURT OF ANDHRA PRADESH [3396] THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA KAKUMANU VENKATA KRISHNA MOHANA RAO, S/O.K PUMA CHANDRA RAO, AGED 53 YEARS,OCC. BUSINESS, R/O. DOOR 244, PLOT NO 103,DRAIN STREET, ISLAMPET, VIJAYAWADA RURAL, KRISHNA ANDHRA PRADESH 520001. ...PETITIONER/ACCUSED THE STATE OF ANDHRA PRADESH, rep byBhavanipuram Police Station, NTR Commissionerate,NTR District, Rep. by the Public ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to enlarge the petitioners on Anticipatory Bail in Crime No.600 of 2025 on the file of the Bhavanipuram ionerate, NTR District, in the event of his arrest Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the interim Anticipatory Bail to the petitioner in Crime No.600 of 2025 on the file of the Bhavanipuram Police 2 Station, NTR Commissionerate, NTR District, in the event of his arrest and pass Counsel for the Petitioner/accused: 1. PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 162OF 2026 ORDER:- The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the petitioner/Accused for granting of pre-arrest bail in connection with Crime No. 600 of 2025, dated 27-12-2025 on the file of Bhavanipuram Police Station, NTR Commissionerate, for the alleged offence punishable under Sections 316(5), 318(40 BNS. 2. The case of the prosecution is that, the de-facto complainant is a partner of Naalks Company and doing business. The accused approached him and stated that medicines were required for a Government tender and assured that payment would be made within three months. Believing the accused, the complainant supplied medicines worth Rs.1,12,79,335/- through Naalks and Loupay. Out of the said amount, only Rs.32,09,686/- was paid and the balance of Rs.80,69,649/- remains unpaid. Despite repeated demands, the accused avoided payment by stating that Government funds were not received. On enquiry, it was found that huge amounts were already credited to the accused’s Union Bank of India account. Thus, the accused cheated the complainant and committed breach of trust. Based on the complaint, the present crime was registered. 4 3. Heard Sri Papudippu Sashidhar Reddy, learned counsel for the petitioner, Ms.Vagavi Ratna Kumari, learned counsel for respondent No.2 and Sri K.Sandeep, learned Assistant Public Prosecutor on behalf of the State. Perused the record. 4. Learned counsel for the petitioner would submit that the petition may be disposed of by giving protection to the petitioner vide guidelines of the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar1. 5. Learned Assistant Public Prosecutor, on instructions, would submit that the offences registered against the petitioner are punishable with less than seven years period of imprisonment and necessary direction may be given to the concerned Station House Officer. 6. Considering the submissions, this Criminal petition is disposed of, with the following; a. Investigating Officer is at liberty to complete the investigation, in accordance with law. b. In the event of any coercive action sought to be taken against the petitioner, concerned police authorities are further directed to scrupulously follow the procedure prescribed under Section 35 (3) of BNSS., [Section 41-A Cr.P.C] and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar’s case (supra). c. The Petitioner/Accused shall make himself available for investigation and shall cooperate with the investigating officer for further investigation. 1 (2014) 8 SCC 273 5 d. The Petitioner/Accused, shall surrender his passport, if any, to the investigating officer. If he claims that he does not have passport, he shall submit an affidavit to that effect to the Court concerned. e. The Petitioner/Accused, shall not leave the limits of India without prior permission from the concerned Court. __________________________________ DR.VENKATA JYOTHIRMAI PRATAPA, J Date: 06.02.2026 KKV