APHC010652482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12953/2025 Between: 1. DOMMISI SHARONU, S/O DOMMISI VENKATA RAMANA AGE 31 YEARS, R/O H.NO.12/3, LAKKAVARAM, CHODAVARAM MANDAL, VISAKHAPATNAM-531075 ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, THROUGH PUBLIC PROSECUTOR, HIGH COURT AT AMARAVATHI 2. KUNCHELA RAJEEV GANDHI ALIAS KUNCHELA RAJIV GANDHI, S/O ACHIBABU, AGED 32 YEARS,CISF CONSTABLE, CISF CAMP, KGPS BONDIPORA, BANULA MANDAL, JAMMU KASHMIR AND PERMANENT RESIDENT OF BYLAPUDI VILLAGE, ANAKAPALLI DISTRICT ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. ARUN SHOWRI G Counsel for the Respondent/complainant(S): 1. K SUBRAHMANYAM 2. PUBLIC PROSECUTOR The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12953 of 2025 Order: The Criminal Petition is filed under Section 483(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’), by the petitioner, who is de facto complainant, seeking cancellation of anticipatory bail granted to the respondent No.2/accused No.1 by order, dated 17.10.2025 in Crl.M.P.No.103 of 2025 on the file of the learned X Additional District & Sessions Judge, Anakapalli. 2. Case of the petitioner is that basing on the complaint given by the de facto complainant a case in Crime No.234 of 2025 of Anakapalli Town Police Station, was registered against the respondent No.2 herein who is accused No.1 and three others for the offences punishable under Sections 69, 318(4) and 3(5) of BNS. Consequently, the respondent No.2/accused No.1 filed a pre arrest bail in Crl.M.P.No.103 of 2025 on the file of the learned X Additional District & Sessions Judge, Anakapalli and the same was allowed. Challenging the said order, the petitioner/de facto complainant preferred this petition seeking cancellation of anticipatory bail granted to the accused No.1. 3. Heard Sri Arun Showri, learned counsel for the petitioner and learned Assistant Public Prosecutor for the State. 3 4. Learned counsel for the petitioner would submit that the matter may be remanded back to the concerned Court for fresh adjudication since no opportunity was given to the victim to participate in the proceedings. 5. Learned Assistant Public Prosecutor too concurs that opportunity may be given to the petitioner to participate in the proceedings and may pass appropriate orders. 6. In the facts and circumstances of the case, this Court is inclined to consider the request of petitioner. 7. Accordingly, the Criminal Petition is disposed of setting aside the order, dated 17.10.2025 in Crl.M.P.No.103 of 2025 on the file of the learned X Additional District & Sessions Judge, Anakapalli. The learned Sessions Judge is directed to give an opportunity to the de facto complainant to participate in the proceedings and here both sides and pass appropriate orders afresh pin accordance with law, within a period of two (2) weeks from the date of receipt of copy of this order. ________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 29.01.2026 ARB 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12953 of 2025 Date: 29.01.2026 ARB