APHC010021212026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 336/2026 Between: 1. PRITAM PRAKASH WALKE, S/O. PRAKASH WALKE,AGED ABOUT 50 YEARS,OCC JEWELLERY BUSINESS,R/O H.NO.129, KASARWADA, KHORLIM,MAPUSA, BARDEZ DISTRICT, NORTH GOA, GOA -403507. ...PETITIONER/ACCUSED AND 1. THE STATE OF AP, Rep. by the Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...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 Court may be pleased to grant anticipatory bail in the event of Petitioner/Accused No.3 arrest in Crime No. 359 of 2023, dated 22-10-2023 of Lalapet Police Station, Guntur District in the interest of justice, and pass such 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 may be pleased to grant an interim direction not to take any coercive steps against petitioner i.e.. Accused No.3 including arrest in connection with Crime No.359 of 2023, dated 22-10-2023 of Lalapet Police 2 Station, Guntur District pending disposal of the criminal petition and to pass such Counsel for the Petitioner/accused: 1. RAVITEJA TALASEELA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 336 OF 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 No.3 for granting of pre-arrest bail in connection with Crime No. 359 of 2023, dated 22-10-2023 of Lalapet Police Station, Guntur District for offence punishable under Sections 420 and 406 r/w 411 of IPC. 2. The case of the prosecution is that, the defacto complainant made a report stating that he was doing goldsmith works by running a shop under name and style of MS Real Jeweler Shop at Cloth Bazaar, Lalapet, Guntur City. Later, the accused No.1 deceived the complainant that he would do polish work and took the gold ornament i.e., Vaddanam to accused No.1. Basing on the said report, the present crime has been registered. 3. Heard Sri Raviteja Talaseela, learned counsel for the petitioner 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 Bihar 1 , since the allegation attributed against the petitioner is under Section 411 of IPC. 1 (2014) 8 SCC 273 4 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. However, the police are directed not to take any coercive steps against the petitioner. It does not preclude the investigating agency in filing the report before the Court. c. 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). d. The Petitioner/Accused No.3 shall make himself available for investigation and shall cooperate with the investigating officer for further investigation __________________________________ DR.VENKATA JYOTHIRMAI PRATAPA, J Date: 23.01.2026 UPS 5 66 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 336 OF 2026 23.01.2026 UPS