APHC010036362026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 610/2026 Between: 1. BANDI NAGABABU, S/O. BANDI MARRAJU, AGED ABOUT 37 YEARS, R/O. 4/12/1, EDEPALLI, MUDINEPALLI, KRISHNA, ANDHRA PRADESH-521325. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PUBLIC PROSECUTOR FOR SHO MUDINEPALLI POLICE STATION, ELURU, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 2. KARUNA JYOTHI KARETI, W/O. PRABHUDAS AGED ABOUT 38 YEARS, R/O. MUDINEPALLI VILLAGE RAMACHANDRAPURAM VILLAGE, ELURU-521325 ...RESPONDENT/COMPLAINANT(S): 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 pleased to release the petitioner/ accused on bail in the event of arrest in FIR No. 177/2025 on the ifle of Mudinepalli Police Station, Eluru district by granting anticipatory bail to the petitioner 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 to direct the respondent/police to not to arrest 2 petitioner/Accused herein in FIR No. 177/2025 on the file of Mudinepalli Police Station, Eluru district pending disposal of the present criminal petition and pass Counsel for the Petitioner/accused: 1. PILLIX LAW FIRM Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 610 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 for granting of pre-arrest bail in connection with FIR No. 177/2025 on the file of Mudinepalli Police Station, Eluru District, registered for the offences punishable under Sections 76, 78, 351(2) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). 2. The case of the prosecution is that, the accused who is the lessee of the agricultural land of the defacto complainant has been conducting aqua culture. The accused has been stalking the complainant for about one year and on 23.08.2025, at about 10.30 hours, when the complainant went to her field, the accused came there, caught hold of her jacket and pulled her demanding sexual favour. When she resisted, the accused beat her and threatened to kill her. Hence the crime. 3. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor on behalf of the State. Perused the record. 4 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 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). __________________________________ DR.VENKATA JYOTHIRMAI PRATAPA, J Date: 29.01.2026 UPS 1 (2014) 8 SCC 273 5 84 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 610 OF 2026 29.01.2026 UPS