APHC010523542025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY,THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL Between: 1. ESWARA RAO VIZZUROTHI, S/O. V. SEETHA RAMULU AGE 44 YEARS, OCC BUSINESS R/O. FLAT NO. 511 THE LANDMARK APARTMENTS NEAR BY GOGOLAMMA TEMPLE RAYALAM WEST GODAVARI DISTRICT. 2. VASAMSETTY RAMA SESHADRI, S/O. V. SURYA YEARS, OCC BUSINESS R/O. D. NO. 41 STREET, BUDAMPET KAKINADA TOWN KAKINADA DISTRICT. 3. AMBATI SATYANA NARAYANA @ AMBATI CHINNA, S/O. CHINNA APPALA SWAMY APPA RAO, AGE 52 YEARS OCC BUSINESS R/O. D. NO. 3-21-31, PEDDA V TOWN KAKINADA DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PUBLIC PROSECUTOR THROUGH SHO, SARPAVARAM PS, KAKINADA, HIGH COURT OF AP AT AMARAVATHI. 2. SRI RAMA CHANDRA MURTH MURTHY (LATE), VALASAPAKALA VILLAGE, KAKINADA RURAL, KAKINADA DISTRICT, A.P. RESPONDENT NO.2 IS IMPLEADED AS PER THE COURT ORDER DATED 08.10.2025 IN CRL.P.NO.10217 OF 2025. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10217/2025 ESWARA RAO VIZZUROTHI, S/O. V. SEETHA RAMULU AGE 44 YEARS, OCC BUSINESS R/O. FLAT NO. 511 THE LANDMARK APARTMENTS NEAR BY GOGOLAMMA TEMPLE RAYALAM WEST GODAVARI DISTRICT. VASAMSETTY RAMA SESHADRI, S/O. V. SURYA RAO, AGE 42 YEARS, OCC BUSINESS R/O. D. NO. 41-6-1, PUSARLA VARI STREET, BUDAMPET KAKINADA TOWN KAKINADA DISTRICT. AMBATI SATYANA NARAYANA @ AMBATI CHINNA, S/O. CHINNA APPALA SWAMY APPA RAO, AGE 52 YEARS OCC BUSINESS R/O. 31, PEDDA VEEDHI, RACHERLA PETA KAKINADA TOWN KAKINADA DISTRICT. ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PUBLIC PROSECUTOR THROUGH SHO, SARPAVARAM PS, KAKINADA, HIGH COURT OF AP AT AMARAVATHI. SRI RAMA CHANDRA MURTHY CHALLA, S/O. NARASIMHA MURTHY (LATE), VALASAPAKALA VILLAGE, KAKINADA RURAL, KAKINADA DISTRICT, A.P. RESPONDENT NO.2 IS IMPLEADED AS PER THE COURT ORDER DATED 08.10.2025 IN CRL.P.NO.10217 OF ...RESPONDENT/COMPLAINANT(S): IN THE HIGH COURT OF ANDHRA PRADESH [3396] FRIDAY,THE TWENTY SEVENTH DAY OF FEBRUARY THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA ESWARA RAO VIZZUROTHI, S/O. V. SEETHA RAMULU AGE 44 YEARS, OCC BUSINESS R/O. FLAT NO. 511 THE LANDMARK APARTMENTS NEAR BY GOGOLAMMA TEMPLE RAYALAM WEST RAO, AGE 42 1, PUSARLA VARI STREET, BUDAMPET KAKINADA TOWN KAKINADA DISTRICT. AMBATI SATYANA NARAYANA @ AMBATI CHINNA, S/O. CHINNA APPALA SWAMY APPA RAO, AGE 52 YEARS OCC BUSINESS R/O. EEDHI, RACHERLA PETA KAKINADA ...PETITIONER/ACCUSED(S) THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PUBLIC PROSECUTOR THROUGH SHO, SARPAVARAM PS, Y CHALLA, S/O. NARASIMHA MURTHY (LATE), VALASAPAKALA VILLAGE, KAKINADA RURAL, KAKINADA DISTRICT, A.P. RESPONDENT NO.2 IS IMPLEADED AS PER THE COURT ORDER DATED 08.10.2025 IN CRL.P.NO.10217 OF ...RESPONDENT/COMPLAINANT(S): 2 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 grant the anticipatory bail to the petitioners / Accused Nos 1, 2 & 4 in the event of their arrest in Connection with Crime No. 357 of 2025 dated 02.09.2025 on the file of the Sarpavaram Police Station Kakinada District IA NO: 1 OF 2025 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 interim bail to the Petitioners/Accused Nos.1 2 & 4 in Crime. No. 357 of 2025 dated 02.09.2025 on the file of the Sarpavaram Police Station Kakinada District and pass Counsel for the Petitioner/accused(S): 1. GANGISETTI UMA SANKAR Counsel for the Respondent/complainant(S): 1. G SRI HARSHA 2. PUBLIC PROSECUTOR 3. SRINIVASA RAO MORTHA 4. LEGAL AID The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10217 OF 2025 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 Nos.1, 2 & 4 for granting of pre-arrest bail in connection with Crime No.357 of 2025, dated 02.09.2025 on the file of the Sarpavaram Police Station, Kakinada District for offence punishable under Sections 318(4), 333, 308(5) r/w 3 (5) BNS. 2. The case of the prosecution, as set out in the complaint, is that the de- facto complainant, namely Challa Sri Rama Chandra Murthy, reported that he had known Accused No.1 for the past ten years and had been supplying prawns to him. It is alleged that by 31.03.2023, the accused owed an amount of Rs.69,00,000/- to the complainant. Thereafter, on the pretext of marriage and business requirements, the accused allegedly obtained cheques, promissory notes and further amounts totaling Rs.50,00,000/-, promising to repay Rs.99,00,000/-, but failed to repay any amount. It is further alleged that on 29.08.2025 at about 8:00 PM, Accused No.1 along with his associates criminally trespassed into the complainant’s house in his absence, threatened his wife, and later intercepted the complainant near Ramanayyapeta, allegedly putting a knife to his neck, extorting Rs.10,000/- and issuing death threats if repayment was demanded. The complaint lodged a complaint on 02.09.2025 for the alleged above offences. 4 3. Heard Sri Gangisetti Uma Sankar, learned counsel for the petitioner and Mrs K.Lakshmi Prasanna, learned Assistant Public Prosecutor on behalf of the State. Perused the record. 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. This Court has carefully considered the submissions. Admittedly, there appears to be a serious financial dispute between the parties arising out of business transactions. The investigation is at a nascent stage. Though there is an allegation of extortion in the second incident, the genuineness or otherwise of the said allegation cannot be decided at this stage. This Court is not inclined to adjudicate upon the culpability of the petitioners at this juncture. 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. 1 (2014) 8 SCC 273 5 b. However, the police are directed not to take any coercive steps against the petitioners. It does not preclude the investigating agency in filing the report before the Court. c. In the event of any coercive action sought to be taken against the petitioners, concerned police authorities are 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). d. The Petitioners shall make themselves available for investigation and shall cooperate with the investigating officer for further investigation and submit relevant documents and material for the purpose of investigation. e. The petitioners shall deposit their passports with the investigation officer and shall not leave the country without permission of the Court. __________________________________ DR.VENKATA JYOTHIRMAI PRATAPA, J Date: 27.02.2026 KKV 6 63 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10217 OF 2026 27.02.2026 KKV