APHC010049622026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL Between: 1. MODALAVALASA CHIRANJEEVI, S/O LATE APPA RAP, AGED ABOUT 63 YEARS, OCC ADVOCATE, R/O. FAREED PETA VILLAGE, ETCHERLA MANDAL, SRIKAKULAM DISTRICT. 1. THE STATE OF ANDHRA PRADESH, rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum o Criminal Petition, the High Courtmay be pleased to direct the Station House Officer, Srikakulam Rural Police Station, Srikakulam District to release the Petitioner/Accused No.3 on bail in the event of his arrest in connection with Cr. No. 289/2025 of Srikakulam Rural Police Station, Srikakulam District Counsel for the Petitioner/accused: 1. D PURNACHANDRA REDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 744/2026 MODALAVALASA CHIRANJEEVI, S/O LATE APPA RAP, AGED ABOUT 63 YEARS, OCC ADVOCATE, R/O. FAREED PETA VILLAGE, ETCHERLA MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, rep by its 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 Courtmay be pleased to direct the Station House Officer, Srikakulam Rural Police Station, Srikakulam District to release the Petitioner/Accused No.3 on bail in the event of his arrest in connection with o. 289/2025 of Srikakulam Rural Police Station, Srikakulam District Counsel for the Petitioner/accused: D PURNACHANDRA REDDY Counsel for the Respondent/complainant: PUBLIC PROSECUTOR The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH [3396] TUESDAY,THE SEVENTEENTH DAY OF FEBRUARY THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA MODALAVALASA CHIRANJEEVI, S/O LATE APPA RAP, AGED ABOUT 63 YEARS, OCC ADVOCATE, R/O. FAREED PETA VILLAGE, ...PETITIONER/ACCUSED THE STATE OF ANDHRA PRADESH, rep by its Public Prosecutor, ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS f Grounds of Criminal Petition, the High Courtmay be pleased to direct the Station House Officer, Srikakulam Rural Police Station, Srikakulam District to release the Petitioner/Accused No.3 on bail in the event of his arrest in connection with o. 289/2025 of Srikakulam Rural Police Station, Srikakulam District 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 744/2026 ORDER: This Criminal Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, “BNSS”), by the petitioner/Accused No.3 seeking grant of pre-arrest bail in connection with Crime No.289 of 2025 on the file of Srikakulam Rural Police Station, Srikakulam District, registered for the offences punishable under Sections 25 and 27 of the Arms Act, 1959 read with Section 109 IPC. 2. The prosecution case, in brief, is that Accused No.1 was working as a bodyguard to A3. A1 introduced A4 and A5 to A3, and it is alleged that A3 used to avail the services of A1, A4 and A5 for illegal activities such as land settlements. A1 allegedly purchased a pistol in the year 2023 from A6 at Berhampur, Odisha, to take revenge against one Jarugulla Shankar, MPTC of Kongaram Village, Etcherla Mandal. It is further alleged that A1, A2, A4 and A5 tested the pistol and found it to be defective, and therefore it was handed over to A7 for repair. Subsequently, A7 allegedly sold the pistol to A8, who in turn sold it to A9. Later, A1, A4, A5 and A7 are said to have asked A9 to bring the pistol to an under-construction house behind the RTO Office at Thandivalasa Village. On 21.12.2025 at about 10:00 a.m., the Srikakulam Rural Police, on receipt of credible information, proceeded to 3 the said place along with mediators, apprehended the accused and seized the pistol in the presence of mediators. On the basis of the mediators’ report, the above crime was registered for illegal possession of firearms allegedly in furtherance of instigation and abetment to eliminate the said Shankar, and investigation is presently in progress. 3. Considering the facts and circumstances, since, there is no change of circumstances and in the light of the specific overt-acts attributed against the petitioner, this Court is not inclined to grant pre- arrest bail to the Petitioner/ Accused . 4. At this juncture, learned counsel for the petitioner would submit that the petition may be disposed of by granting liberty to the petitioner to surrender before the learned Jurisdictional Magistrate and to move a regular bail application, and that a direction may be issued to dispose of the said application as expeditiously as possible. 5. The learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 6. Accordingly, the Criminal Petition is dismissed. However, the petitioner/Accused No.3 is at liberty to surrender before the concerned Court within a period of one (01) week from the date of receipt of a copy of this order and move an appropriate application seeking regular bail. 4 Upon such application being filed, the learned jurisdictional Court shall consider and dispose of the same on its own merits, in accordance with law, after affording due opportunity to the learned Public Prosecutor, as expeditiously as possible. As a sequel thereto, miscellaneous petitions, if any pending in this Criminal Petition, shall stand closed. ___________________________________ DR.VENKATA JYOTHIRMAI PRATAPA, J Date: 17.02.2026. KKV 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 17 CRIMINAL PETITION NO: 744/2026 Date: 17.02.2026. KKV