APHC010550072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10676/2025 Between: 1. J BALARAMA SWAMY, S/O.SRIJIDUGU VENKATESEWARLU. AGED 54 YEARS, OCCGOVEMMENT EMPLOYEE IN COMMERCIAL TAXES DEPARTMENT, R/O.D.NO.25-18-1 IB, SAMPATH NAGAR, GUNTUR, GUNTUR DISTRICT, A.P. PIN 522004 ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATHI. .. .RESPONDENT/COMPLAINANT 02. 2. SMT KATTA MANJULA, W/O.SRI.K.SRINIVAS, AGED 45 YEARS, OCC GOVERNMENT EMPLOYEE IN COMMERCIAL TAX DEPARTMENT, D.NO 11-1-73/1,1ST FLOOR, VASUNDHARA BUILDINGS, RAJAJI BHAVAN, JINNAH TOWER CENTRE, GUNTUR,GUNTUR,ANDHRA PRADESH-522001 ...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 Court pleased to grant Anticipatory Bail, in the event of Arrest by the Police, Kothapet Police Station, Guntur, Guntur District, in connection with Crime No. 238/2025 on the file of Kothapet Police Station, Guntur, Guntur District, and to pass IA NO: 1 OF 2025 2 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 to order Interim Protection to the Petitioner /A1 by directing the S H O , Kothapet, Guntur, not to take any Coercive Steps including Arrest of the Petitioner/A 1 in F I R No 238/2025 and to pass such other order or orders as these Hon’ble Court may be deem fit and proper in the circumstances of the case. Counsel for the Petitioner/accused: 1. S SATYANARAYANA MOORTHY Counsel for the Respondent/complainant(S): 1. V SRINIVASULA REDDY 2. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10676/2025 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, for granting of pre-arrest bail in connection with Crime No. 238/2025 on the file of Kothapet Police Station, Guntur, Guntur District, registered for the offence punishable under Sections 74, 78(2) and 351(2) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’) and Section 3(2)(va) of SC’s and ST’s (Prevention of Atrocities) Act, 1989. 2. Heard Sri S.Satyanarayana Moorthy, learned counsel for the petitioner/sole accused, Sri V.Srinivasula Reddy, learned counsel for the respondent No.2/defacto complainant and Sri K.Sandeep, learned Assistant Public Prosecutor on behalf of the State. 3. The case of the prosecution, in brief, is that the de facto complainant lodged a report on 08.10.2025 at about 09:30 PM alleging that the accused, who is her superior officer, had been harassing her by touching her inappropriately and attempting to take advantage of her. When she approached him for processing her increment file, he again tried to take undue advantage of her. On 08.10.2025 at about 12:30 PM, while she was proceeding to the AC Madam’s room, the accused allegedly attempted to misbehave with her and caught hold of her, but she freed herself and 4 immediately informed her Madam about the incident. Basing on the said report, the present crime was registered against the accused. 4. Learned counsel for the petitioner would submit that the petitioner herein is a Senior Assistant and the defacto complainant is a Junior Assistant in the same office. There were disputes between the two persons regarding the official work. Learned counsel for the petitioner would further submit that under the provisions of Prevention of Sexual Harassment of Women at Workplace (Protection, Prohibition and Redressal) Act 2013 (POSH Act), a committee has been constituted in the office and they have enquired into the issue and found no such incident occurred. However, the petitioner as well as the defact complainant were transferred to different places to avoid further alleged disturbances in the office. Learned counsel for the petitioner would further submit that the petitioner has received a notice from the police under Section 179 of BNSS. Accordingly, he has appeared before the Police and he was asked to come to the police station on 25.02.2026. He has been co- operating with the investigation. The offences are punishable with imprisonment below seven (7) years. Learned counsel for the petitioner finally prays to allow the petition by imposing any conditions. 5. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders since all the offences are punishable with imprisonment that is below seven (7) years. 6. Learned counsel for the respondent No.2 would submit that by imposing conditions, the petition may be considered. 5 7. Considering the submissions made and on perusal of the material placed on record, since the alleged offences are punishable with imprisonment for a term below seven (7) years and the fact that the police have already issued notice to the petitioner, pursuant to which he has appeared before the Investigating Officer and cooperated with the investigation, 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 petitioner, concerned police authorities are 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 v. State of Bihar1. c. The petitioner shall co-operate with the investigation and appear before the police as and when required. As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed. ___________________________________ DR.VENKATA JYOTHIRMAI PRATAPA, J Date: 23.02.2026. UPS 1 (2014) 8 SCC 273 6 09 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10676/2025 Date: 23.02.2026 UPS