APHC010442712024 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: 7058/2024 Between: 1. S. RAMAKRISHNA REDDY,, S/O. LATE S. SUBBA REDDY, AGED ABOUT 66 YEARS, R/O. VILLA NO. 85, RAINTREE PARK VILLAS NAMBURU VILLAGE, PEDDAKAKANI MANDAL, GUNTUR DISTRICT. . ...PETITIONER/ACCUSED AND 1. 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 Court may be pleased to direct the Station House Officer, Mangalagiri Rural Police Station, Guntur District to release the petitioner/accused No. 120 on bail in the event of his arrest in connection with Cr.No. 650/2024 of Mangalagiri Rural Police Station, Guntur District IA NO: 1 OF 2024 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 interim bail to the petitioner in connection with Cr.No.650/2024 of Mangalagiri Rural Police Station, Guntur District, Counsel for the Petitioner/accused: 1. BUGULU SREETEJA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 APHC010461152024 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 WRIT PETITION NO: 23692/2024 Between: 1. SRI SAJJALA RAMA KRISHNA REDDY, S/O. S. SUBBA REDDY, AGED ABOUT 66 YEARS, R/O. VILLA 85, RAINTREE PARK VILLAS NAMBURU VILLAGE, PEDAKAKANI MANDAL GUNTUR DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT, DEPARTMENT OF HOME, SECRETARIAT BUILDING, VELAGAPUDI,AMARAVATI. 2. THE UNION OF INDIA, REPRESENTED BY THE MINISTRY OF HOME AFFAIRS, NDCC-II BUILDING, NEAR JANTAR MANTAR, NORTH BLOCK, NEW DELHI. 3. THE DIRECTOR GENERAL OF POLICE, AP POLICE HEAD QUARTERS MANGALAGIRI, AMARAVATI. 4. THE SUPERINTENDENT OF POLICE, GUNTUR DISTRICT. 5. THE INSPECTOR OF POLICE, MANGALAGIRI RURAL CIRCLE GUNTUR DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ more particularly one in the nature of Writ of Mandamus, declaring the actions of the Respondents in issuing Look-Out Circular bearing LOC No.9631/C61/IP/SCRB/2024 dated October 10, 2024 issued by the Superintendent of Police, Guntur, when the order dated October 4, 2024 passed by this Hon'ble High Court in criminal petition bearing Crl.P.No.7058 of 2024 is subsisting and in force wherein directed the Respondent therein not take any coercive steps against the Petitioner as being illegal, arbitrary, capricious, contemptuous, unconstitutional and violative of Article 14, 19 and 21 of the Constitution of India and violative of this Hon'ble Court order in Crl. P. No. 7058 of2024, and in violation of the Office Memorandum dated 27.10.2010 issued by the Ministry of Home Affairs (Foreign Division) vide No.25016/31/2010-Imm, and consequently set aside Look-Out Circular bearing LOC No.9631/C61/IP/SCRB/2024 dated October 10, 2024 and direct the Respondents herein to remove and delete the Look- Out Circular bearing LOC No.9631/C61/IP/SCRB/2024 dated October 10, 2024 from the online records of the Respondents immediately 3 IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of Look-Out Circular bearing LOC No.9631/C61/IP/SCRB/2024 dated October 10, 2024 Counsel for the Petitioner: 1. R YELLA REDDY Counsel for the Respondent(S): 1. GP FOR HOME 4 APHC010466102024 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 CONTEMPT CASE NO: 4052/2024 Between: 1. S. RAMA KRISHNA REDDY, S/O. S. SUBBA REDDY, AGED ABOUT 66 YEARS, R/O. VILLA 85, RAINTREE PARK VILLAS NAMBURU VILLAGE, PEDAKAKANI MANDAL GUNTUR DISTRICT ...PETITIONER AND 1. SRI KUMAR VISHWAJIT, PRINCIPAL SECRETARY TO THE GOVERNMENT, DEPARTMENT OF HOME, SECRETARIAT BUILDING, VELAGAPUDI,AMARAVATI. 2. SRI DWARAKA THIRUMALA RAO I P S, DIRECTOR GENERAL OF POLICE AP POLICE HEAD QUARTERS MANGALAGIRI, AMARAVATI. 3. SRI S SATISH KUMAR I P S, SUPERINTENDENT OF POLICE DISTRICT POLICE OFFICE, COLLECTOR OFFICE ROAD GUNTUR DISTRICT. 4. SRI Y SRINIVASA RAO, THE INSPECTOR OF POLICE MANGALAGIRI RURAL CIRCLE GUNTUR DISTRICT. ...CONTEMNOR(S): Petition under Sections 10 to 12 of Contempt of Courts Act 1971 praying that in the circumstances stated in the affidavit file herein the High Court may be pleased to pleased to punish the Respondents herein under Section 10 to 12 of the Contempt of Courts Act, 1971 for willful, deliberate, and intentional disobedience as per directions and in compliance of the interim order dated 04.10.2024 in LA. No. 1 of 2024 in Crl. P. No. 7058 of 2024 passed by this Honble Court and pass IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to dispense with the filing of the certified copy of the order dt.04-10-2024 in IA.no.1 of 2024 in crlp.7058 of 2024 passed by this Honble court in the interest of justice and pass Counsel for the Petitioner: 1. R YELLA REDDY Counsel for the Contemnor(S): 1. M LAKSHMI NARAYANA 5 COMMON ORDER: Since the issue involved and the parties herein are one and the same, these matters are being disposed of by this Common Order. Criminal Petition No. 7058 of 2024 2. This Criminal Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short „BNSS, 2023‟), by the Petitioner/A.120 seeking anticipatory bail in connection with Crime No.650 of 2021 of Mangalagiri Rural Police Station, Guntur District, which is registered for the offences punishable under Sections 147, 148, 452, 427, 323, 324 and 506 read with 149 IPC. 3. The brief facts of the case, as per the contents of the complaint are that i) the de facto complainant namely, Pendem Sai Badrinath, is working as IT employee at Knowledge Centre, State TDP Office, Atmakuru, Panchayath, Mangalagiri Mandal. On 19.10.2021 at about 5.20 p.m. 70 members of the YSR CP followers criminally trespassed into the office with deadly weapons and damaged the office furniture and they beat the complainant and other staff members with hands, legs and weapons caused bleeding injuries. ii) The injured were shifted to Manipal Hospital, Tadepalli, wherein the Police recorded the statement of the Complainant. A case in Crime No.650 of 2021 of Mangalagiri (R) Police Station, Guntur Urban is registered against the YSR CP followers for the offences punishable under Sections 147, 148, 452, 427, 323, 324 and 506 read with 149 IPC. iii) During the course of investigation, the Inspector of Police, Mangalagiri, filed a dated 03.07.2024 before the Court of Judicial First Class Magistrate, Mangalagiri, stating that basing on the material collected during the course of 6 investigation, Sections 326, 307, 450, 380 red with 109 and 120-B IPC were added to the existing sections of law. iv) The Petitioner herein is arrayed A-120 in the above crime. Seeking anticipatory bail, the present criminal petition has been filed by the Petitioner. 4. A Coordinate Bench of this Court by Order dated 04.10.2024 in IA No.2 of 2024 passed the following Order: “... The petitioner must join the investigation, and the respondent-State is directed not to take any coercive steps against the Petitioner, until the next date of hearing.” The interim order is extended from time to time and it is in force till date. Contempt Case No. 4052 of 2024 5. During the pendency of the above Criminal Petition and the above interim protection is in force, the Petitioner visited Indonesia and returned to Delhi, on 14.10.2024 and when he was in Delhi Airport, the Assistant Director, SIC Branch, BOI Head Quarters, New Delhi detained the Petitioner on the ground that Look Out circular bearing dated 10.10.2024 was issued against him by respondent No.3/Superintendent of Police, Guntur District. Since the interim order which was granted on 04.10.2024 in IA No.1 of 2024 in Crl.P.No.7058 of 2024 is in force, the respondent authorities illegally detained the petitioner on the ground that Look Out circular dated 10.10.2024 was issued against him. 6. Hence, the petitioner filed this Contempt Case under Sections 10 to12 of the Contempt of Courts Act against the respondents for violation of the interim order dated 04.10.2024 in IA No.1 of 2024 in Crl.P.No.7058 of 2024 passed by this Court. 7 Writ Petition No. 23692 of 2024 7. This Writ Petition is filed under Article 226 of the Constitution of India for the following relief: “...to issue a Writ more particularly one in the nature of Writ of Mandamus declaring the actions of the Respondents in issuing Look Out Circular bearing LOC No.9631/C61/IP/SCRB/2024 dated October 10 2024 issued by the Superintendent of Police Guntur when the order dated October 4 2024 passed by this Honble High Court in criminal petition bearing Crl.P.No.7058 of 2024 is subsisting and in force wherein directed the Respondent therein not take any coercive steps against the Petitioner as being illegal arbitrary capricious contemptuous unconstitutional and violative of Articles 14 19 and 21 of the Constitution of India and violative of this Honble Court order in Crl.P.No.7058 of 2024 and in violation of the Office Memorandum dated 27.10.2010 issued by the Ministry of Home Affairs Foreign Division vide No.25016/31/2010Imm and consequently set aside LookOut Circular bearing LOC.No.9631/C61/IP/SCRB/2024 dated October 10 2024 and direct the Respondents herein to remove and delete the LookOut Circular bearing LOC No.9631/C61/IP/SCRB/2024 dated October 10 2024 from the online records of the Respondents immediately...” 8. The case of the Petitioner herein is that while pending the interim order passed by this Court on 04.10.2024 in IA No.1 of 2024 in Crl.P.No.7058 of 2024, issuance of Look Out Circular dated 10.10.2024 is illegal, arbitrary and is liable to be set aside. 9. Heard Sri R.Yella Reddy, learned counsel for the Petitioner and learned Assistant Government Pleader for Home and Sri M.Lakshminarayana, learned Public Prosecutor assisted by Smt.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for respondent State. Perused the material on record. 10. Learned counsel for the Petitioner would submit that the petitioner was protected by virtue of the interim order passed by this Court on 04.10.2024 in IA No.1 of 2024 in Crl.P.No.7058 of 2024, wherein, the police are directed not to take any coercive steps against the petitioner. Learned counsel would further submit that the interim protection may be continued to the petitioner by imposing any conditions to the satisfaction of the Court. 8 11. On the other hand, learned Public Prosecutor brought to the notice of the Court that a Coordinate Bench of this Court while giving interim protection to the petitioner vide Order dated 04.10.2024 directed the petitioner to attend for investigation. Further, Look Out Notice is issued to the Petitioner since he involved in the subject case. Learned Public Prosecutor would further submit that the Investigating Officer after coming to know about the interim order which is in force, has withdrawn the Look-Out circular. Further, there is no wilful and deliberate action on the part of the Investigating Officer in issuing the Look Out Notice since the Look Out notice has withdrawn by the authorities as per law. Learned Public Prosecutor would submit that the Writ Petition may be disposed of by passing appropriate orders regarding the request of the petitioner to continue his interim protection. 12. The fact remains that at the time of admission, a Coordinate Bench of this Court having heard the submissions of both sides, granted interim protection to the Petitioner by order dated 04.10.2024 in IA No.1 of 2024 in Crl.P.No.7058 of 2024 directing the respondent State not to take any coercive steps against the Petitioner. No doubt, the petitioner is under the protection by way of interim order for the last one and half year. No circumstances have come to the notice of the Court that he misused the liberty and not cooperated with the investigation. Crl.P.No.7058 of 2024 13. Considering the submissions made and having regard to the facts of the case, it is apposite to continue the interim protection which was granted to the petitioner with the following conditions: 9 i) The Petitioner shall appear before the concerned Station House Officer once in a week i.e., on every Sunday between 10.00 a.m., till 5.00 p.m., till filing of the charge sheet. ii) The Petitioner shall cooperate with the investigation and appear before the Police as and when directed to furnish any information. iii) The Petitioner shall not influence/threaten the witnesses iv) The Petitioner shall deposit his passport, if any, before the concerned Court. (v) The Petitioner shall not leave the country, without the prior permission of the Court. (vi) Petitioner shall not make any comments relating to this case in any social media. With the above directions, this Criminal Petition is disposed of. Pending applications, if any, shall stands closed. Contempt Case No.4052 of 2024 14. In the light of the reasons assigned for issuance of the Look Out Circular and its withdrawal by the Investigating Officer, this Court does not find any violation of the orders of this Court on 04.10.2024 in IA No.1 of 2024 in Crl.P.No.7058 of 2024 by the respondents. Accordingly, the contempt case is closed. Pending applications if any, shall stand closed. 10 Writ Petition No.23692 of 2024 15. As stated above, Petitioner is under the protection of the interim order of this Court dated 04.10.2024 in IA No.1 of 2024 in Crl.P.No.7058 of 2024, and the same is in force, Look Out Circular dated 10.10.2024 is liable to be set aside. 16. Accordingly, this Writ Petition is allowed. The Look Out Circular bearing LOC No.9631/C61/IP/SCRB/2024 dated October 10 2024 is hereby set aside. No order as to cost. Pending applications, if any, shall stands closed. Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA 13.03.2026 Mjl/* 11 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.7058 of 2024, CC No.4052 of 2024 and WP No.23692 of 2024 13.03.2026 Mjl/*