APHC010395682026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY, THE 31st DAY OF AUGUST 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6444/2026 Between: 1. S KANTHAMMA, W/O S. NAGESH NAIDU, AGED ABOUT 55 YEARS. OCCUPATION HOUSE WIFE,R/O D.NO. 2-113, RAMASAMUDRAM VILLAGE, PUTTUR MANDAL, TIRUPATI DISTRICT,ANDHRA PRADESH - 517 584. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Represented by the Station House Officer, Puttur Urban Police StationPuttur, Tirupati District, Andhra Pradesh - 517583. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. HANUMANTHA RAO BACHINA Counsel for the Respondent/complainant: 1. MEKA RAHUL CHOWDARY 2. PUBLIC PROSECUTOR The Court made the following: 2 ORDER: This Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioner/Accused No.3, seeking grant of pre-arrest bail in connection with Crime No.43 of 2026 of Puttur Urban Police Station, Tirupathi District registered for the alleged offences punishable under Sections 109(1), 118(1), 74, 133, 351 (2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’) 2. Sri Hanumantha Rao Bachina, 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. It is further submitted that Accused No.2 was already enlarged on regular bail. Hence, it is urged to allow the Criminal Petition. 3. Per contra, Mr.A.Sai Rohith, learned Assistant Public Prosecutor, opposed the grant of bail to the Petitioner and submits that the investigation is not yet completed, and some more material witnesses are yet to be examined. He further submits that there are specific over acts attributed against the Petitioner and urged to dismiss the Criminal Petition. 3 4. Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. 5. On perusal of the record, this Court vide Crl.P.No.4634 of 2026 dated 13.07.2026 dismissed the first bail application filed by the Petitioner/Accused No.3 on the ground that there are specific and clear overt acts attributed against him. 6. The learned counsel for the petitioner relied on the judgment of this Court in Kiran @ M. Kiran v. State of A.P.,1. The facts and circumstances of the case in Kiran supra and the instant case are altogether different. In Kiran case supra, this Court granted pre-arrest bail to the Petitioner therein on the ground that there were no specific overt acts attributed against him. In the instant case, there are specific overt acts attributed against the Petitioner as mentioned supra. There are no merits in this petition. Hence, it is liable to be dismissed. 7. However, learned counsel for the Petitioner urges this Court to pass an order directing the Petitioner to surrender before the learned Judicial Magistrate. 8. The Petitioner has a right to surrender before the learned Jurisdictional Magistrate under Section 437 of ‘the Cr.P.C.,’/Section 480 of ‘the BNSS’. The language employed in the aforesaid provisions makes it clear that if the 1 Crl.P. No.5408 of 2026, dated 27.07.2026 4 Petitioner appears or is brought before the Court, or if the Petitioner is detained or arrested, he may move an application for bail before the learned Jurisdictional Magistrate in respect of a non‑bailable offence. Therefore, no specific permission is required to be granted to the Petitioner to surrender before the Jurisdictional Magistrate. 9. In the result, the Criminal Petition is disposed of, leaving it open to the Petitioner to avail the remedies available under Section 480 of ‘the BNSS’. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 31.08.2026 SSA/JS 5 163 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6444 of 2026 31.08.2026 SSA/JS 6