APHC010075672026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1173/2026 Between: 1. BALASANI KIRAN KUMAR, S/O YOHAN,AGED ABOUT 48 YEARS.RESIDENT OF D.NO. 17-11-6,KATTIRAMAIAH VEEDHI, BAPTIST PALEM,PURNANANDAMPETA, VIJAYAWADA URBAN,NTR DISTRICT, ANDHRA PRADESH - 520003 2. POTHINA VENKATA MAHESH, S/O P. RAMARAO,AGED ABOUT 50 YEARS, RESIDENT OF D.NO. 9-69- 26,SILPASRAMAM STREET, KOTHAPETA,VIJAYAWADA URBAN, NTR DISTRICT,ANDHRA PRADESH - 520001. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT OF A.P.THROUGH SHO,NALLAPADU POLICE STATION, GUNTUR DISTRICT, 2. A MADHU PAVAN, S/O. NOT KNOWN TO PETITIONERSAGED ABOUT 38 YEARS, SUB- INSPECTOR OF POLICE,NALLAPADU POLICE STATION, 2 DR.VJP,J CRL.P.NO.1173 OF 2026 GUNTUR DISTRICT. ...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 Courtpleased to exercise its inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and be pleased to quash the First Information Report in Crime No.87 of 2026 dated 05.02.2026 on the file of Nallapadu Police Station, Guntur District, registered for the offences under Sections 125, 126(2), 270, 292, 189(2) read with 190 of the Bharatiya Nyaya Sanhita and Section 32 of the Police Act, 1861, insofar as the Petitioners herein, namely Accused No.1 and Accused No.2, are concerned, and consequently set aside all further proceedings pursuant thereto, 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 pleased to dispense with filing with the certified copy of the FIR in Crime No.87 of 2026 dated 05.02.2026 on the file of Nallapadu Police Station, Guntur District pending disposal of the petition for quashing and pass IA NO: 2 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 pleased to grant stay all further investigation, including all coercive steps such as arrest. summons, notice of appearance, or any other proceedings pursuant to FIR in Crime No.87 of 2026 dated 05.02.2026 on the file of Nallapadu Police station, Guntur District, insofar as the Petitioners/Accused Nos.1 and 2 are 3 DR.VJP,J CRL.P.NO.1173 OF 2026 concerned, pending disposal of the present Criminal Petition, in the interest of justice pass Counsel for the Petitioner/accused(S): 1. Sudharsana Reddy J Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 4 DR.VJP,J CRL.P.NO.1173 OF 2026 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1173 OF 2026 ORDER:- The Criminal Petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the petitioners/Accused Nos.1 & 2 for granting of pre- arrest bail in connection with Crime No. 87 of 2025, dated 05.02.2026 of Nallapaddu Police Station, Guntur District for offence punishable under Sections 125, 126(2), 270, 292, 189(2) r/w 190 Bharatiya Nyaya Sanhita and Section 32 of the Police Act, 1861. 2. The case of the prosecution is that, the de facto complainant is Sub-Inspector of Police and was performing his official duty along with his staff members on the outskirts of Etukuru village, to prevent any untoward incidents during the visit of former Chief Minister of the State of Andhra Pradesh. The SI observed that some YSRCP party members i.e., A1 and A2, along with some other participants approached there without prior permission from the Government Authorities. While escorting, the participants drove their vehicles in a dangerous manner, causing 5 DR.VJP,J CRL.P.NO.1173 OF 2026 obstructions to the traffic and they disregarded the instructions and continued the rally. Hence, the present crime is registered. 3. Heard Sri Sudhrashan Reddy, learned counsel for the petitioners and Sri K.Sandeep, learned Assistant Public Prosecutor on behalf of the State. Perused the record. 4. Learned counsel for the petitioners would submit that the petition may be disposed of by giving protection to the petitioners 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 petitioners 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 petitioners, concerned police authorities are 1 (2014) 8 SCC 273 6 DR.VJP,J CRL.P.NO.1173 OF 2026 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 Petitioners/Accused Nos.1 & 2 shall make themselves available for investigation and shall cooperate with the investigating officer for further investigation. __________________________________ DR.VENKATA JYOTHIRMAI PRATAPA, J Date: 13.02.2026 LSP