APHC010289332026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY, THE 17th DAY OF AUGUST 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NOs: 4665 and 4668 of 2026 CRIMINAL PETITION NO: 4665/2026 Between: 1. GANTA MAMATHA, , W/O. VISHNUMURTHY,AGED 35 YEARS, R/O INDU VILLAS, 260JNTU ROAD, KUKATPALLY,HYDERABAD CITY, TELANGANA STATE. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, ,REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH, AMARAVATI,THROUGH THE STATION HOUSE OFFICER,SATTENAPALLI POLICE STATION, NARSARAOPETA DISTRICT. 2. GANGURI SANJAY KUMAR, S/O VENKATARAO, AGED ABOUT 49 YEARS, R/O PARK AREA, SATTENAPALLI TOWN, PALNADU DISTRICT, ANDHRA PRADESH ,522403 RESPONDENT NO.2 IS IMPLEADED AS PER THE COURT ORDER DATED 03.07.2026 IN I.A.NO.2 OF 2026 IN CRL.P.NO.4665 OF 2026 ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. Dr.SATTARU RAJANI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. KURAVATI LENIN BABU 2 CRIMINAL PETITION NO: 4668/2026 Between: 1. MEDA RAJKUMAR, S/O. JAYARAM,AGED 27 YEARS, R/O. VISWAMBHER ENCLAVEMIYAPUR, HYDERABAD, TELANGANA STATE. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, ,REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH, AMARAVATI,THROUGH THE STATION HOUSE OFFICER,SATTENAPALLI POLICE STATION, NARSARAOPETA DISTRICT. 2. GANGURI SANJAY KUMAR, S/O VENKATARAO, AGED ABOUT 49 YEARS, R/O PARK AREA, SATTENAPALLI TOWN, PALNADU DISTRICT, ANDHRA PRADESH ,522403 RESPONDENT NO.2 IS IMPLEADED AS PER THE COURT ORDER DATED 03.07.2026 IN I.A.NO.2 OF 2026 IN CRL.P.NO.4668 OF 2026 ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. Dr.SATTARU RAJANI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. KURAVATI LENIN BABU The Court made the following: COMMON ORDER: These two Criminal Petitions are heard together and are being disposed of by this common order, as the Petitioners in the two petitions are different, but the crime registered against them is one and the same. 3 2. The Criminal Petition Nos.4665 & 4668 of 2026 have been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to grant pre-arrest bail to the Petitioners/Accused Nos.3 & 4 in Crime No.58 of 2025 of Sattenapalli Police Station, Narsaraopeta, for the alleged offences punishable under Sections 316(2), 318(4) and 351(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). 3. Notice on Respondent No.2 was served through e‑mail and proof to that effect is filed. As there was no representation for Respondent No.2, Mr.K.Lenin Babu, learned Counsel, is appointed as legal aid counsel to Respondent No.2. The Secretary, High Court Legal Services Committee, is directed to issue necessary proceedings in this regard. 4. Dr. Sattaru Rajani, the learned counsel for the Petitioners, submits that the Petitioners are innocent of the alleged offences and have been falsely implicated by the police. The Petitioners are the sole breadwinners of their respective families and are law‑abiding citizens. They undertake to strictly adhere to any conditions that may be imposed by this Court. Hence, it is urged to allow the Criminal Petition. 5. Per contra, Mr.A.Sai Rohith, the learned Assistant Public Prosecutor vehemently opposed the grant of pre-arrest bail to the Petitioners, submitting that the investigation is still underway and several material witnesses remain to be examined. It is further submitted that if the Petitioners are released on pre-arrest bail at this stage, there is a strong likelihood that they may abscond, 4 thereby hampering the ongoing investigation and evading the process of law. Hence, it is urged to dismiss the Criminal Petition. 6. Mr.K.Lenin Babu, learned Legal Aid Counsel for Respondent No.2, argued on the same lines as the learned Assistant Public Prosecutor, and urged to dismiss the Criminal Petition. 7. Heard the learned counsel for the Petitioners, the learned Assistant Public Prosecutor and the learned legal aid counsel for the Respondent No.2. Perused the record. 8. On perusal of the record, the Petitioners are arraigned as Accused Nos.3 and 4 in this case. The Accused No.3 is the wife of Accused No.1 and Accused No.4 the brother‑in‑law of Accused No.1; Accused No.1 was arrested and produced before the learned Magistrate for remand on 23.05.2025, but the learned Magistrate rejected the remand observing that though prima facie accusations under Sections 316(2), 318(4), 351(2) read with 3(5) of ‘the BNS’ were found, the ingredients of Section 316(5) of ‘the BNS’ were not attracted, none of the other offences were punishable beyond seven years, and the Investigating Officer had not followed the procedure under Section 35 of ‘the BNSS’, thereby violating the guidelines laid down in Arnesh Kumar v. State of Bihar 1 , and consequently ordered the release of Accused No.1 on execution of a personal bond of Rs.10,000/- with two sureties; thereafter, Accused No.2 was arrested after one year of the occurrence of the offence but was also enlarged on bail on 24.09.2025. The Petitioners/Accused Nos.3 and 1(2014) 8 SCC 273 5 4 are permanent residents of Hyderabad, Telangana State. They have got fixed abode. 9. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioners/Accused Nos.3 & 4, this Court is inclined to enlarge the Petitioners/Accused Nos.3 & 4 on pre-arrest bail with some stringent conditions. 10. In the result, the Criminal Petition Nos.4665 & 4668 of 2026 are allowed with the following stringent conditions: i. In the event of their arrest, the Petitioners/Accused Nos.3 & 4 shall be enlarged on bail subject to their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for the like sum each to the satisfaction of the arresting police officials; ii. The Petitioners/Accused Nos.3 & 4 shall make themselves available for investigation as and when required; iii. The Petitioners/Accused Nos.3 & 4 shall appear before the Station House Officer concerned once in a fortnight, i.e., on every second and fourth Saturday of each month, between 10:00 A.M. and 05:00 P.M., till filing of the charge sheet. 6 iv. The Petitioners/Accused Nos.3 & 4 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court. _________________________ DR. Y. LAKSHMANA RAO, J Date: 17.08.2026 PRA 7 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NOs: 4665 and 4668 of 2026 Date: 17.08.2026 PRA