1 Dr.YLR, J Crl.P.No.4774 of 2026 Dated 30.06.2026 Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010298382026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE 30th DAY OF JUNE 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4774/2026 Between: 1. MAGANTI UPAGNA, D/O MAGANTI ASHOK KUMAR, AGED ABOUT 26 YEARS, H.NO. FLAT NO.404, SRI VENKATA SAI RESIDENCY, 2ND ROAD, SANTHINAGAR, ELURU. ELURU DISTRICT 2. MAGANTI VAMSIKRISHNA, S/O MAGANTI ASHOK KUMAR, AGED ABOUT 24 YEARS, H.NO. FLAT NO.404, SRI VENKATA SAI RESIDENCY, 2ND ROAD, SANTHINAGAR, ELURU. ELURU DISTRICT ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor High Court at Amaravathi,Through Station House Officer, Dendulur Police Station, Eluru District ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. S SYAMSUNDER RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 Dr.YLR, J Crl.P.No.4774 of 2026 Dated 30.06.2026 The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity „the BNSS‟) by the Petitioners/Accused Nos.3 and 4 for granting of pre-arrest bail in connection with Crime No.306 of 2023 of Denduluru Police Station, Eluru District, registered for the alleged offence punishable under Section 420 read with 34 of the Indian Penal Code, 1860 (for brevity „the I.P.C‟). CASE OF THE PROSECUTION: 2. Material averments stemming from the prosecution are that the de-facto complainant alleged that the accused induced him to part with Rs.1.20 crores on the false promise of securing an MBBS seat for his daughter in a medical college. It is alleged that the complainant transferred Rs.95 lakhs to the bank account of Accused No.1 and paid the remaining Rs.25 lakhs in cash. After receiving the amount, the accused allegedly failed to secure the medical seat or refund the money despite repeated demands. On the basis of the complaint, the police registered the present crime and took up investigation. CONTENTIONS OF THE COUNSEL FOR THE PETITIONERS 3. Sri Syam Sunder Rao, learned Counsel for the Petitioners/Accused Nos.3 and 4 submits that the Petitioners are innocent and have been falsely implicated in the present crime, and that they have no role in the alleged acts of cheating or forgery. It is submitted that the allegations mainly pertain to Accused Nos.1 and 2, who have already been arrested and released on bail, while the Petitioners are working in a private company at Bengaluru and have 3 Dr.YLR, J Crl.P.No.4774 of 2026 Dated 30.06.2026 cooperated with the investigation by responding to the notices issued under Section 41-A Cr.P.C. It is further contended that the Investigating Officer has not furnished any particulars regarding the alleged non-cooperation of the Petitioners and has acted contrary to the principles laid down in Arnesh Kumar v. State of Bihar1 and Satender Kumar Antil v. Central Bureau of Investigation2. The Petitioners express their willingness to cooperate with the investigation and seek protection from arrest, and it is urged to grant pre- arrest bail to the Petitioners. ARGUMENTS OF THE ASSISTANT PUBLIC PROSECUTOR: 4. Per contra, Sri A. Sai Rohit, learned Assistant Public Prosecutor, vehemently opposed granting of pre-arrest bail contending that the investigation is at a nascent stage and the custodial interrogation of the Petitioners are imperative for eliciting material facts. It is submitted that if the Petitioners are granted pre-arrest bail, there is a grave apprehension that they may not cooperate with the investigation and may evade the process of law and it is prayed that the instant bail application be dismissed. 5. Heard the learned Counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. POINT FOR CONSIDERATION: 6. In the light of the case of the prosecution and the contentions of the learned Counsel for both the sides, now the point for consideration is: “Whether the Petitioners are entitled for grant of pre-arrest bail?” 1(2014) 8 SCC 273 2 Special Leave Petition (Crl.) No.5191 of 2021, dated 15.01.2026 4 Dr.YLR, J Crl.P.No.4774 of 2026 Dated 30.06.2026 ANALYSIS AND CONCLUSION: 7. As seen from the record, in the course of investigation, the Investigating Officer issued a notice under Section 41-A of „the Cr.P.C.,‟ to Petitioner No.1/Accused No.3, to which she submitted her explanation. Petitioner No.1/Accused No.3 is the daughter of Accused Nos.1 and 2, while Petitioner No.2/Accused No.4 is their son. Both the Petitioners are employed as software engineers in Bengaluru. Accused Nos.1 and 2 have already been arrested, enlarged on bail, and were twice subjected to police custody for the purpose of investigation. The principal allegation against Accused Nos.1 and 2 is that they induced the de facto complainant by promising to secure an MBBS seat for his daughter either in Pinnamaneni Siddharth Medical College, Vijayawada, or in another medical institution, and that they fabricated an allotment letter purportedly issued by Rangaraya Medical College, Kakinada. Significantly, the name of Petitioner No.2/Accused No.4 does not find place in the FIR. Although the name of Petitioner No.1/Accused No.3 is mentioned in the complaint, the gravamen of the allegations is directed against Accused Nos.1 and 2. 8. Having regard to the facts circumstances of the case, the gravity and nature of the allegations levelled against the Petitioners, this Court is inclined to grant pre-arrest bail to the Petitioner Nos.1 and 2/Accused Nos.3 and 4. 9. In the result, Criminal Petition is allowed with the following conditions: i. In the event of arrest, Petitioner Nos.1 and 2/Accused Nos.3 and 4 shall be enlarged on bail subject to their 5 Dr.YLR, J Crl.P.No.4774 of 2026 Dated 30.06.2026 executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties each for the like sum each to the satisfaction of the arresting police officials. ii. The Petitioner Nos.1 and 2/Accused Nos.3 and 4 shall make themselves available for investigation as and when required. iii. The Petitioner Nos.1 and 2/Accused Nos.3 and 4 shall not cause any threat, inducement or promise to the prosecution witnesses. iv. The Petitioner Nos.1 and 2/Accused Nos.3 and 4 shall appear before the Station House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet. v. The Petitioner Nos.1 and 2/Accused Nos.3 and 4 shall not leave the State of Andhra Pradesh without the express permission from the Station House Officer concerned. vi. The Petitioner Nos.1 and 2/Accused Nos.3 and 4 shall surrender their passport, if any, to the investigating officer. If they claim that they do not have passport, they shall submit an affidavit to that effect to the Investigating Officer. _________________________ DR. Y. LAKSHMANA RAO, J Dated: 30.06.2025 KMS Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 6 Dr.YLR, J Crl.P.No.4774 of 2026 Dated 30.06.2026 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4774/2026 Date: 30.06.2026 KMS