APHC010303542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 6203/2025 Between: 1. DANDU GANAPATHI SRINIVASA RAJU, EXECUTIVE ENGINEER, SRI VARAHA LAKSHMI NARASIMHA SWAMY VARI DEVASTHANAM R/O. 121, SECTOR4, M.V.P. COLONY, VISHAKAPATNAM. ANDHRA PRADESH ...PETITIONER/ACCUSED AND 1. THE STATE OF AP, Rep. by the Public Prosecutor, High Court of Andhra Pradesh Through Additional Commissioner of Police, West Sub- Division, Vishakapatnam City, Gopalapalem P.S., Vishakapatnam Commissionerate Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. SAI SARAN CHODISETTY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 6203 of 2025 Order: The Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’), by the petitioner/accused No.1, seeking anticipatory bail in connection with Crime No.120 of 2025 of Gopalapatnam Police Station, Visakhapatnam Commissionerate, registered for the offence punishable under Section 194 of BNSS. 2. Case of the prosecution, in brief, is that the incident pertains to an accidental death caused by the collapse of a wall, which occurred on 30.04.2025 at about 03:00 hours at the ₹300/- queue line near Up Hills Bus Stand, Simhachalam, Visakhapatnam. On that day, the annual Chandanotsavam was being celebrated at Sri Varaha Lakshmi Narasimha Swamy Devasthanam, Simhachalam. A large number of devotees had assembled and were waiting in the queue line for darshan. During the early hours, due to rainfall, the wall collapsed, resulting in grievous injuries to eight devotees, out of whom seven succumbed to the injuries on the spot. 3. Heard Sri Saran Chodisetty, learned counsel for the petitioner/accused No.1 and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor representing the respondent/State. Perused the record. 4. Learned counsel for the petitioner/accused No.1 would submit that the petitioner/accused No.1 was falsely implicated in the present case. It is further submitted that the petitioner herein is Executive Engineer, Sri Varaha Lakshmi 3 Narasimha Swamy Vari Devasthanam. It is contended that the Ministry of Tourism, Government of India (PRASHAD Division), had issued instructions for the development of pilgrimage amenities at Simhachalam Temple as per the plans and estimates submitted by the State Government and approved by the Central Sanctioning and Monitoring Committee. Learned counsel further submits that a Coordinate Bench of this Court, by order dated 01.07.2025, granted interim protection directing the police not to take coercive steps against the petitioner/accused No.1. Hence, he prays to allow the petition. 5. Learned Assistant Public Prosecutor vehemently opposed the petition and would submit that appropriate orders may be passed in the matter. 6. The petitioner herein is accused No.1 is Executive Engineer, Sri Varaha Lakshmi Narasimha Swamy Vari Devasthanam at the time of the alleged incident. The Coordinate Bench of this Court, by order dated 01.07.2025, granted interim protection in favour of the petitioner/accused No.1 directing the police not to take coercive steps against him. In the present case, Accused No.3, who is contractor, has already been granted anticipatory bail. It is further evident from the counter filed on behalf of the prosecution that the petitioner/Accused No.1 and Accused No.2 were not aware of the approvals relating to other aspects of the work. Moreover, no material has been placed before this Court to show that the petitioner has misused the interim protection granted in his favour. 4 7. Having regard to the material on record and the submissions made by the learned counsel for the petitioner/accused No.1, this Criminal Petition is disposed of with the following directions: (i) The interim protection granted earlier in favour of the petitioner/accused No.1 shall continue, subject to the condition that the petitioner/accused No.1 shall cooperate with the investigation and furnish all information, material, or documents as may be required by the Investigating Officer. (ii) The petitioner/accused No.1 shall cooperate with the investigation and shall appear before the Investigating Officer on every Sunday between 10.00 A.M., and 05.00 P.M., till filing of charge sheet. (iii) The petitioner/accused No.1 shall deposit his Passport before the Investigating officer and shall not leave the country without obtaining permission of the Court. ________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 13.03.2026 ARB 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 6203 of 2025 Date: 13.03.2026 ARB