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CDJ 2026 APHC 855 print Preview print Next print
Court : High Court of Andhra Pradesh
Case No : Criminal Petition No. 4432 of 2026
Judges: THE HONOURABLE MR. JUSTICE BALAJI MEDAMALLI
Parties : Kanneganti Sreenivasa Chari & Others Versus The State Of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh At Amaravati
Appearing Advocates : For the Petitioners: Kambhampati Ramesh Babu, Advocate. For the Respondent: Public Prosecutor.
Date of Judgment : 22-05-2026
Head Note :-
Criminal Procedure Code - Sections 437/438/439/482 -
Summary :-
1. Statutes / Acts / Rules / Orders / Regulations, and Sections Mentioned:
- Section 437/438/439/482 of Cr.P.C
- Section 528 of BNSS
- Section 174 Cr.P.C
- Section 306 r/w 34 I.P.C
- Section 35(3) of BNSS
- Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)

2. Catch Words:
- Anticipatory bail
- Quash complaint
- Investigation
- Bail conditions
- Surrender
- Cooperation with investigation

3. Summary:
The petitioners, accused Nos. 2, 3 and 6, sought anticipatory bail under Section 482 of the BNSS for a case originally registered under Section 174 Cr.P.C and later altered to Section 306 r/w 34 I.P.C. An earlier order had barred their arrest pending investigation, and a later order held the petition infructuous after the police filed a final report of “further action dropped.” The police later issued a notice under Section 35(3) BNSS, and the petitioners appeared before them. The Assistant Public Prosecutor confirmed that the investigation was complete and the petitioners were cooperating. Considering these facts, the Court granted anticipatory bail with specific conditions, including surrender, bond, sureties, regular appearances before the investigating officer, and non‑interference with witnesses.

4. Conclusion:
Petition Allowed
Judgment :-

(Prayer: Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtmay be pleased to enlarge the Petitioners/Acc used Nos. 2, 3 and 6 on bail in the event of their arrest in connection with Crime No. 36 of 2022 of Gurazala Town Police Station, Palnadu District (Previously Guntur District) in the interest of justice and pass such)

1. This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short „BNSS‟), has been filed on behalf of the petitioners herein/accused Nos.2, 3 and 6 to grant anticipatory bail in connection with Crime No.36 of 2022 of Gurazala Town Police Station, Palnadu Distric, initially registered for the offence punishable under Section 174 Cr.P.C and later altered to Section 306 r/w 34 I.P.C.

2. The petitioners herein are arrayed as accused Nos.2, 3 and 6 and immediately after registration of the above crime, they approached this Court by filing Crl.P.No.234 of 2023 under Section 528 of BNSS seeking to quash the complaint. A Coordinate Bench of this Court vide order dated 06.01.2023 granted interim direction as under:

                  “…The allegations in the complaint, prima facie, do not make out a proper offence under Section 306 of Indian Penal code. However, since the investigation is only commenced, it would not be appropriate to shut out further investigation at this stage.

                  In the circumstances, investigation may go on. However, the petitioners shall not be arrested, pending further orders.”

3. Subsequently, another Coordinate Bench of this Court, vide order dated 18.03.2026 observed as follows:

                  “…When the matter is taken up for hearing, learned Assistant Public Prosecutor, on written instructions, submits that police, after completion of investigation in the aforesaid crime, filed final report referring the case as further action dropped, vide Order C.No.164/Ref/SDPO-GZL/2025, dated 15.06.2025 of the Sub Divisional Police Officer, Gurazala, and in view of the same, no further orders are required to be passed in the present Criminal Petition and the same has become infructuous…”

4. Thereafter, the respondent police issued a notice under Section 35(3) of BNSS dated 02.05.2026 to the petitioners 2 and 3 herein, pursuant to which, petitioners appeared before the police.

5. The learned Assistant Public Prosecutor submitted that petitioners have been attending and cooperating with the investigation and there is no threat of arrest as of now.

6. Considering the facts and circumstances of the case, the nature of allegations in the complaint and the submissions of learned Assistant Public Prosecutor that the investigation has already been completed and the petitioners are cooperating with the investigation, this Court is inclined to grant anticipatory bail to the petitioners.

7. Accordingly, the criminal petition is allowed with the following conditions:

                  (a) The Petitioners/accused Nos.2, 3 and 6 are directed to surrender before the Station House Officer, Gurazala Town Police Station, Palnadu District, within a period of two (2) weeks from today and on such surrender, the Petitioners/accused Nos.2, 3 and 6 shall be released on bail on furnishing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) each with two sureties for a like sum each to the satisfaction of the Station House Officer concerned;

                  (b) The Petitioners/accused Nos.2, 3 and 6 shall appear before the Investigating Officer twice in a month i.e. on every 2nd and 4th Sunday between 10.00 AM and 01.00 PM for three (03) months or till filing of the charge sheet, whichever is earlier;

                  (c) The petitioners shall make themselves available for Investigation/interrogation by a police officer as and when required;

                  (d) The petitioners 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 from disclosing such facts to the Court or to any police officer.

                  (e) The petitioners shall scrupulously comply with the above conditions, and breach of any of them will be viewed seriously. The Prosecution is at liberty to move an application for cancellation of the bail.

Miscellaneous applications pending, if any, shall stand closed.

 
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