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Judgment
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 for granting of pre-arrest bail in connection with Crime No.20 of 2026 of Gopalapuram Police Station, East Godavari District, registered for the alleged offences punishable under Sections 137(1)(b), 143(4) and 61(2) read with and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’).
Heard learned Counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record.
As seen from the record, a coordinate bench of this Court, by order dated 07.04.2026 in Crl.P.No.2452 of 2026, dismissed the first bail application. The present application is the second bail application. There is no change in circumstances from the date of dismissal of the first bail application till the filing of the present second bail application.
The Hon’ble Apex Court in G.R. Ananda Babu v. State of Tamil Nadu1 at para No.6 held as under:
“6…As a matter of fact, successive anticipatory bail applications ought not to be entertained and more so, when the case diary and the status report, clearly indicated that the accused (Respondent 2) is absconding and not cooperating with the investigation. The specious reason of change in circumstances cannot be invoked for successive anticipatory bail applications, once it is rejected by a speaking order and that too by the same Judge.”
There are no merits in this petition. Hence, the petition is liable to be dismissed. Accordingly, this 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.
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 Jharkhand2, 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.