APHC010445752026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE 1st DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7414/2026 Between: 1. SHAIK SAIDA, S/O. MOULIALI, AGED ABOUT 19 YEARS, R/O. D.NO. 8-5-13,VARAVAKATTA, NARASARAOPET TOWN, NARASARAOPETA DISTRICT, ANDHRA PRADESH522601. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, HIGH COURTOF ANDHRA PRADESH, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. SHAIK SUBHANI, S/O. SK.LMAMSA, AGED ABOUT 40 YEARS, R/O. VARAVAKATTA,NARASARAOPET TOWN, NARASARAOPETA DISTRICT, ANDHRA PRADESH-522601 . ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. SRINIVASULU P Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Sections 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the 2 Dr.YLR, J Crl.P.No.7414 of 2026 Dated 01.09.2026 Petitioner/Accused No.2 for granting of pre-arrest bail in connection with Crime No.89 of 2026 of Narasaraopet I Town Police Station, Palnadu District registered for the alleged offence punishable under Sections 115(2) and 118(1) read with 3(5) of Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). 2. Sri Pitchuka Srinivas, learned Counsel for the Petitioner, submits that the Petitioner is innocent of the alleged offence. He has been falsely implicated in this case. He has not committed any offence. He is a law-abiding citizen. He has got fixed abode. The Petitioner undertakes to abide by any conditions that this Court may impose while granting bail. Hence, it is urged to allow the Criminal Petition. 3. Per contra, Mr.A.Sai Rohith, the learned Assistant Public Prosecutor, vehemently opposed the grant of pre-arrest bail to the Petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the Petitioner is released on pre-arrest bail, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law. Hence, it is urged to dismiss the Criminal Petition. 4. Heard the learned Counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. 5. As seen from the record, there are specific allegations against the Petitioner/Accused No.2 with regard to his active role in the commission of the offence. In view of the specific allegations levelled against the Petitioner, this 3 Dr.YLR, J Crl.P.No.7414 of 2026 Dated 01.09.2026 Court is not inclined to grant pre-arrest bail as it would amount to granting protection or shield to the persons against whom specific allegations are levelled, as per the judgments of the Hon’ble Apex Court in Gurbaksh Singh Sibbia v. State of Punjab1 and Sushila Aggarwal v. State (NCT of Delhi)2. Hence, the Criminal Petition is dismissed. However, learned counsel for the petitioner urges this Court to pass an order directing the petitioner to surrender before the learned Judicial Magistrate. 6. This Court refers the judgment of the Hon’ble Apex Court in Om Prakash Chhawnika alias Om Prakash Chabnika alias Om Prakash Chawnika v. State of Jharkhand3, wherein Hon’ble Apex Court held that the High Courts have no jurisdiction to direct the accused to surrender before the Court and seek regular bail. In view of the law laid down in Om Prakash Chhawnika (supra), the request of learned counsel for the petitioner cannot be entertained. However, as per Section 480 of ‘the BNSS.,’/Section 437 of ‘the Cr.P.C.,’ provides that the Petitioner/Accused may appear before the learned Magistrate and he may be dealt with as per the provisions. Therefore, it is for the Petitioner to act in accordance with law. 7. In the result, the Criminal Petition is dismissed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 01.09.2026 KMS 1 (1980) 2 SCC 565 2 (2020) 5 SCC 1 3 2026 SCC OnLine SC 676 4 Dr.YLR, J Crl.P.No.7414 of 2026 Dated 01.09.2026 106 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7414/2026 Date: 01.09.2026 KMS