APHC010600282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11575/2025 Between: 1. B VIJAYA BHASKAR REDDY, S/O LATE B. KESAVA REDDY,AGED ABOUT 55 YEARS,R/O D.NO. 12/446,III CROSS, SAI NAGAR,ANANTHAPURAMU TOWN,ANANTAPURAMU DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTORHIGH COURT OF ANDHRA PRADESHAT AMARAVATI. 2. H JAYAMMA, D/O. H THIPANNAAGED ABOUT 34 YEARSMOCC NURSE,R/O. D.NO.9/85, SC COLONY RODDAM VILLAGE AND MANDAL SRI SATYA SAI DISTRICT ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. MEDAPATI SANTOSH REDDY Counsel for the Respondent/complainant(S): 1. M KARIBASAIAH 2. PUBLIC PROSECUTOR 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11575 of 2025 Order: The Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’), by the Petitioner, who is Accused No.1, seeking anticipatory bail in Spl. S.C.No.158 of 2025 on the file of the learned Special Sessions Judge for Trail of SCs and the STs Cases, Anantapuramu. 2. Heard learned counsel for the petitioner and the learned counsel for the respondent No.2 and the learned Assistant Public Prosecutor representing the respondent No.1/State. 3. Learned counsel for the petitioner would submit that the petitioner herein is Accused No.1 and that the petitioner preferred Crl.P. No.6308 of 2023 seeking quashment of the case, wherein a learned Single Judge of this Court, by order dated 24.08.2023, directed the police to follow the procedure contemplated under Section 41A Cr.P.C., as the offences alleged against the petitioner are punishable with imprisonment of less than seven years. Learned counsel would further submit that, at the time of filing the charge sheet, the police added Section 376(1) IPC in this matter. Learned counsel would further submit that the petitioner was served with a notice under Section 41A Cr.P.C. and that the investigation has been completed. It is further submitted that the Court has taken cognizance of the offences and that the case is pending as Spl.S.C. No.158 of 2025, and therefore no purpose would be served by 3 keeping the petitioner in custody. Learned counsel, therefore, prays that this Court may be pleased to allow the petition by granting anticipatory bail. 4. Learned counsel for the respondent No.2 vehemently opposed the prayer of the petitioner for grant of anticipatory bail. 5. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 6. On 22.01.2026, this Court called for information from the Special Court regarding the issuance of a warrant against the petitioner. Today, this Court received information to the effect that, while taking cognizance of the offences in this matter, and as there was no protection granted to the petitioner for the offence under Section 376(1) IPC, the learned Judge ordered issuance of a non-bailable warrant against the petitioner, while issuing summons to the remaining accused 7. In that view, the Criminal Petition is disposed of. However, the petitioner herein is directed to appear before the Special Court and move an application to recall the warrant issued against him. On filing such application, the learned Special Judge is directed to consider the same and take appropriate sureties to ensure presence of the petitioner for the purpose of trial. ________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 23.01.2026 ASR 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11575 of 2025 Date: 23.01.2026 ASR