Rajan U Vs The State of Andhra Pradesh — Anticipatory Bail | Andhra Pradesh HC (2026)

Rajan U Vs The State of Andhra Pradesh — Anticipatory Bail | Andhra Pradesh HC (2026)

What the court decided

AI extract

Outcome

Pre-arrest protection to the petitioner/Accused No.7: no adverse comment on merits; in the event of coercive action, police must follow Section 35(3) BNSS [Section 41-A Cr.P.C] procedure and the Arnesh Kumar guidelines, subject to conditions including bi-monthly appearance before the SHO, cooperation with investigation, abstention from threatening witnesses, no departure from the country without court permission, surrender of passport (or affidavit), and furnishing of contact information.

Issue for consideration

Whether the petitioner/Accused No.7 is entitled to be enlarged on bail in the event of his arrest (pre-arrest protection) in connection with Crime No.141 of 2025 of Chittoor I Town Police Station.

Court's answer

The Criminal Petition is disposed of with directions, in the light of the peculiar facts of the present case, rather than being allowed or dismissed on merits.

Ratio / Principle

In the event of any coercive action sought to be taken against the petitioner, the concerned police authorities are directed to scrupulously follow the procedure prescribed under Section 35(3) of BNSS [Section 41-A Cr.P.C] and the guidelines laid down by the Hon'ble Supreme Court in Arnesh Kumar's case; the Investigating Officer remains at liberty to complete the investigation in accordance with law.

Key takeaways

Conditions imposed on the Petitioner/Accused No.7: he shall make himself available for and cooperate with the investigation; he shall appear before the Station House Officer concerned twice in a month (2nd and 4th Sundays, between 10:00 AM and 05:00 PM) till further orders; he shall not cause any threat, inducement or promise to prosecution witnesses; he shall not leave the country without express permission of the concerned Court; he shall surrender his passport to the investigating officer (or submit an affidavit if he claims to have none); and he shall furnish his contact information to the investigating officer.ratio¶38

Detailed headnote1 paragraphs

Pre-arrest protection — Criminal Petition under Section 482 BNSS by Accused No.7 in Crime No.141 of 2025 dated 21.10.2025 of Chittoor I Town Police Station, registered for offences under Sections 308(2), 318(4), 319(2), 316(2) r/w 3(5), 61(2) of BNS and 66A of IT Act 2000 (prosecution allegation: impersonation as Government officials and extortion of large sums from the defacto complainant) — Held: petition disposed of with directions; Investigating Officer free to complete investigation per law; in the event of any coercive action, police authorities to scrupulously follow Section 35(3) BNSS [Section 41-A Cr.P.C] and the guidelines in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273; petitioner to appear before the SHO on the 2nd and 4th Sundays of every month between 10:00 AM and 05:00 PM till further orders, cooperate with investigation, refrain from threatening or inducing witnesses, not leave the country without express court permission, surrender his passport (or file affidavit of non-possession) and furnish contact information to the investigating officer.

[3396]

APHC010673382025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

FRIDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

CRIMINAL PETITION NO: 12880/2025

Between:

RAJAN U, S/O. RAMANKUTTY, AGED 52 YEARS, R/O H.NO.156,UNNIKUMARATHODY HOUSE, KANNIAMPURAM, OTTAPPALAM, PALAKKADDISTRICT, KERALA

...PETITIONER/ACCUSED

AND

THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH, NELAPADU,AMARAVATI, GUNTUR DISTRICT.THROUGH THE SUB INSPECTOR,CHITTOOR I TOWN POLICE STATION, CHITTOOR

J LAVANYA, D/O V. JAYACHANDRA REDDY,AGED ABOUT 54 YEARS, R/O 19-262/13A, BHAGYAMMAL STREET,MITTOOR, CHITTOOR, ANDHRA PRADESH

...RESPONDENT/COMPLAINANT(S):

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 Court pleased to direct the Petitioner/Accused No.7 to be enlarged on bail in the event of his arrest in connection with Crime No.141 of 2025 dated 21.10.2025 on the file of Chittoor I Town Police Station, Chittoor District u/s 308(2), 318(4), 319(2), 316(2) r/w 3(5), 61(2) of BNS and 66A OF ITA 2000 in the interests of justice, and pass

Counsel for the Petitioner/accused:

2

1.N BHARATH SIMHA REDDY

Counsel for the Respondent/complainant(S):

1.PUBLIC PROSECUTOR

3

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

CRIMINAL PETITION NO: 12880 OF 2025

ORDER:-

The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the petitioner/Accused No.7 for granting of pre-arrest bail in connection with Crime No.141 of 2025 dated 21.10.2025 on the file of Chittoor I Town Police Station, Chittoor District U/s 308(2), 318(4), 319(2), 316(2) r/w 3(5), 61(2) of BNS and 66A OF ITA 2000.

The case of the prosecution is that, the accused by impersonating as Government Officials extorted large sums of money from the defacto complainant.

Heard Sri N.Bharath Simha Reddy, learned counsel for the petitioner and Sri K.Sandeep, learned Assistant Public Prosecutor on behalf of the State. Perused the record.

Learned counsel for the petitioner would submit that the petition may be disposed of by giving protection to the petitioner vide guidelines of the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar¹ .

Learned Assistant Public Prosecutor, on instructions, would submit that

the offences registered against the petitioner are punishable with less than seven years period of imprisonment and necessary direction may be given to the concerned Station House Officer.

1 (2014) 8 SCC 273

4

Considering the submissions, in the light of the peculiar facts of the present case, this Criminal petition is disposed of, with the following;

a. Investigating Officer is at liberty to complete the investigation, in accordance with law.

b. In the event of any coercive action sought to be taken against the petitioner, concerned police authorities are further directed to scrupulously follow the procedure prescribed under Section 35 (3) of BNSS., [Section 41-A Cr.P.C] and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar’s case (supra) .

c. The Petitioner/Accused No.7 shall make himself available for investigation and shall cooperate with the investigating officer for further investigation.

d. The Petitioner/Accused No.7 shall appear before the Station House Officer concerned, twice in a month i.e., on 2^nd Sunday and 4^th Sunday, between 10:00 AM and 05:00 PM, till further Orders.

e. The Petitioner/ Accused No.7 shall not cause any threat, inducement or promise to the prosecution witnesses;

f. The Petitioner/ Accused No.7 shall not leave the country without the express permission from the concerned Court.

g. The Petitioner/ Accused No.7 shall surrender his passport, if any, to the investigating officer. If he claims that he do not have passport, he shall submit an affidavit to that effect before the concerned Court.

5

The Petitioner/Accused No.7 shall furnish his contact information with

the investigating Officer.

__________________________________ DR.VENKATA JYOTHIRMAI PRATAPA, J

Date: 23.01.2026 UPS

6

85

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

CRIMINAL PETITION NO: 12880 OF 2025

23.01.2026

UPS