APHC010606472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11690/2025 Between: 1. KOLLI LAKSHMANA RAO, S/O HANUMAIAH, AGED ABOUT 32 YEARS, R/O BODEPUDIVARIPALEM VILLAGEIPUR MANDAL, PALNADU DISTRICT. 2. KOLLI HANUMAIAH, S/O YEGAIAH,AGED ABOUT 55 YEARS, R/O BODEPUDIVARIPALEM VILLAGE,IPUR MANDAL, PALNADU. 3. KOLLI HYNDAVI ALIAS MALLAMPATI HYNDAVI, W/O KOLLI LAKSHMANA RAO, R/O BODEPUDIVARIPALEM VILLAGEIPUR MANDAL, PALNADU. 4. KOLLI PADMA, W/O HANUMAIAH,AGED ABOUT 50 YEARS, R/O BODEPUDIVARIPALEM VILLAGE,IPUR MANDAL, PALNADU 5. KOLLI CHANDRASEKHAR, S/O HANUMAIAH,AGED ABOUT 30 YEARS, R/O BODEPUDIVARIPALEM VILLAGE,IPUR MANDAL, PALNADU. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTORHIGH COURT OF A.P, AMARAVATI.THROUGH THE STATION HOUSE OFFICER, VINUKONDA TOWN POLICE STATION, PALNADU DISTRICT. 2. RAVURI MALLESWARI, W/O LATE RAMA MOHANA RAO,R/O REDDY NAGAR, VINUKONDA TOWN,PALNADU DISTRICT ...RESPONDENT/COMPLAINANT(S): 2 Counsel for the Petitioner/accused(S): 1. V.RAVINDHAR 2. V RAVINDHAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11690 of 2025 Order: The Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’), by the petitioners, who are Accused Nos.1 to 5, seeking anticipatory bail in connection with Crime No.134 of 2025 of Vinukonda Town Police Station, Palnadu District, registered for the offences punishable under Sections 420 and 409 read with 34 IPC. 2. Learned counsel for the petitioners would submit that the ingredients of offence of criminal breach of trust are not attracted as against the petitioners and confines his argument to the limited extent of protecting the petitioners from coercive action by the police. 3. On the other hand, learned Assistant Public Prosecutor fairly submits that the investigation conducted so far reveals that the alleged acts of the petitioners fall under the offence of cheating and, in that view, the petition may be disposed of by directing the police to follow the procedure contemplated under Section 41A of Cr.P.C., with a further direction to the petitioners to cooperate with the investigation. It is also submitted that the petitioners shall appear before the police as and when directed. Learned Assistant Public Prosecutor further submits that, since the investigation is still pending, the issue as to whether the alleged acts of the petitioners constitute the offence of cheating or criminal breach of trust cannot be decided at this stage and, 4 therefore, appropriate orders may be passed instead of entertaining the application for anticipatory bail. 4. Heard. Perused the material on record. 5. In view of the submissions made on both sides, this Court directs the police to follow the procedure as contemplated under Section 41A of Cr.P.C. (Section 35 of BNSS, 2023) scrupulously as per the guidelines enunciated in Arnesh Kumar Vs. State of Bihar and another1. 6. With the above direction, the Criminal Petition is disposed of. As a sequel thereto, the miscellaneous petitions pending, if any, shall stand closed. ________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 17.02.2026 ARB 1 (2014) 8 SCC 273 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11690 of 2025 Date: 17.02.2026 ARB