APHC010374052026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE 28th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 20023 OF 2026 Between: 1. KONERU VENKATA SATYA RAMESH, S/o. Ramachandra Rao (Late), Aged about 55 years, R/o. A.P.T.F.L-402, Nidamanuru Road, Near Panchayat Office, Poranki Village, Penamaluru Mandal, Krishna District. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District.522237 2. The Director General of Police, Andhra Pradesh, Police Headquarters, Mangalagiri, Guntur District.522503 3. The Superintendent of Police, Krishna District, Machilipatnam. 521001. 4. The Inspector of Police, CCS-II, Gudiwada, Krishna District.521301 2 5. The Station House Officer, Penamaluru Police Station, Krishna District. 520007 ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more particularly one in the nature of Mandamus (a) declaring the action of respondents 4 and 5 in repeatedly summoning, detaining for long hours, threatening and harassing the petitioner in connection with Crime No. 20 of 2026 of Penamaluru Police Station, Krishna District, even though the petitioner is not an accused in the said crime as expressly recorded by this Hon’ble Court in its order dated 17.07.2026 in CrI.P.No.5638 of 2026 on the submission of the learned Public Prosecutor as illegal, arbitrary, high-handed, without jurisdiction and violative of Articles 14 and 21 of the Constitution of India Prosecutor (b) consequently directing respondents 3 to 5, their subordinates, agents and successors, not to harass, intimidate, threaten, illegally detain or subject the petitioner to any coercive action in connection with Crime No. 20 of 2026 of Penamaluru Police Station (c) To direct the respondents if the examination of the petitioner as a witness in the said crime is found necessary, the same shall be undertaken only upon a prior written notice under Section 179 of the BNSS, 2023 (corresponding to Section 160 Cr.P.C.) giving reasonable advance time, and, having regard to the petitioner's acute post-stroke medical condition, only at the place of his residence in terms of the first proviso to Section 179(1) BNSS, at reasonable day-time hours, without detaining 3 him beyond the time reasonably necessary and without subjecting him to any form of coercion, intimidation or third- degree methods (d) and pass such IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents if the examination of the petitioner as a witness in the said crime is found necessary, the same shall be undertaken only upon a prior written notice under Section 179 of the BNSS, 2023 (corresponding to Section 160 Cr.P.C.) giving reasonable advance time, and, having regard to the petitioner's acute post- stroke medical condition, only at the place of his residence in terms of the first proviso to Section 179(1) BNSS, at reasonable day-time hours, without detaining him beyond the time reasonably necessary and without subjecting him to any form of coercion, intimidation or third-degree methods, pending disposal of the above writ petition, and to pass such Counsel for the Petitioner: V R MAHESWARA RAO PALETI Counsel for the Respondents: GP FOR HOME 4 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 20023 of 2026 The Court made the following Order: Instant Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India for the following relief: “.... to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus (a) declaring the action of respondents 4 and 5 in repeatedly summoning, detaining for long hours, threatening and harassing the petitioner in connection with Crime No. 20 of 2026 of Penamaluru Police Station, Krishna District, even though the petitioner is not an accused in the said crime as expressly recorded by this Hon’ble Court in its order dated 17.07.2026 in CrI.P.No.5638 of 2026 on the submission of the learned Public Prosecutor as illegal, arbitrary, high- handed, without jurisdiction and violative of Articles 14 and 21 of the Constitution of India Prosecutor (b) consequently directing respondents 3 to 5, their subordinates, agents and successors, not to harass, intimidate, threaten, illegally detain or subject the petitioner to any coercive action in connection with Crime No. 20 of 2026 of Penamaluru Police Station (c) To direct the respondents if the examination of the petitioner as a witness in the said crime is found necessary, the same shall be undertaken only upon a prior written notice under Section 179 of the BNSS, 2023 (corresponding to Section 160 Cr.P.C.) giving reasonable advance time, and, having regard to the petitioner's acute post-stroke medical condition, only at the place of his residence in terms of the first proviso to Section 179(1) BNSS, at reasonable day- time hours, without detaining him beyond the time reasonably necessary and without subjecting him to any form of coercion, intimidation or third-degree methods and pass such other order or orders …”. 2. On 21.07.2026, this Court made the following Order: “1. Heard learned counsel for the petitioner. 5 2. Learned counsel for the petitioner asserts that the petitioner is suffering with Brain Stroke and has undergone treatment at Pavan Cardiac Clinic, Patamata, Pantakaluva Road, Vijayawada. In support of the said contention, the petitioner has placed on record the relevant medical documents (Ex.P2). 3. On the other hand, learned Assistant Government Pleader for Home seeks time to get instructions in the lis and also to verify the veracity and authenticity of the said medical documents. 4. List the matter on 28.07.2026 in the Motion List.” 3. Learned counsel for the petitioner submits that petitioner is suffering with brain-stroke and paralysis. Main assertion of the petitioner is that the respondent/police are harassing the petitioner, without there being any legal cause. 4. Today, when the matter is taken up for hearing, learned Assistant Government Pleader for Home basing on the Written Instructions of the Inspector of Police CCS, Gudivada-I, Krishna District dated 21.07.2026 submits that as on today, the petitioner has not been arrayed as accused in FIR in Crime No.20 of 2026 of Penamaluru UPS Police Station, Krishna District and as such, the respondent/police are not interfering with the rights of the petitioner. 6 5. Written Instructions of the Inspector of Police CCS, Gudivada-I, Krishna District dated 21.07.2026 is made part of the record. 6. Substantiating his assertions, learned counsel for the petitioner relied on the Judgment of the Hon’ble Constitutional Bench of Apex Court in Nandini Satpathy Vs. P.L.Dani and Another1, and Order of this Court dated 22.08.2025 in WP No.22577 of 2025. 7. Considering the facts and circumstances of the case and in view of the Judgment of the Hon’ble Apex Court in Nandini Satpathy’s Case, respondent/police are hereby directed to strictly adhere to the procedures enunciated in the Bharatiya Nagarik Suraksha Sanhitha, 2023 more particularly, Section 179(1) of BNSS, while proceeding with the investigation in FIR in Crime No.20 of 2026 of Penamaluru UPS Police Station, Krishna District. 8. Needless to state that the Police may go on with the investigation in FIR in Crime No.20 of 2026 of Penamaluru UPS Police Station, Krishna District, in accordance with the law. 1 (1978) 2 SCC 424 7 9. Accordingly, the Writ Petition is disposed of. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 28.07.2026 PSA 8 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 20023 of 2026 Date: 28.07.2026 PSA