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2025 DAILYLAW 13275 (AP)

S S NATARAJ v. THE STATE OF ANDHRA PRADESH

CRLP/3390/2025 · 2025-04-09

T Mallikarjuna Rao

body2025

Judgment text

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APHC010159292025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: Between: S S Nataraj and Others The State Of Andhra Pradesh Counsel for the Petitioner/accused(S): 1. SODUM ANVESHA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 1. This Criminal Petition is filed by the Petitioners/Accused No.1 section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) seeking to grant anticipatory bail in Cr.No. Police Station, Chittoor District, for the alleged offences under sections 336(3), 340(2), 61(2) of Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’) 2. Learned counsel for the petitioners, after arguing for some time, has confined his argument to the extent of protecting the petitioners herein from the police on the ground that the offences alleged are punishable with imprisonment of less than seven years and prays this Court to direct the police IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3390/2025 ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): Counsel for the Respondent/complainant: PUBLIC PROSECUTOR made the following: This Criminal Petition is filed by the Petitioners/Accused No.1 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) seeking to grant anticipatory bail in Cr.No.11 of 2025 of G.D.Nellore District, for the alleged offences under sections 336(3), 340(2), 61(2) of Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’) Learned counsel for the petitioners, after arguing for some time, has ent to the extent of protecting the petitioners herein from the police on the ground that the offences alleged are punishable with imprisonment of less than seven years and prays this Court to direct the police IN THE HIGH COURT OF ANDHRA PRADESH [3369] THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO ...PETITIONER/ACCUSED(S) ...RESPONDENT/COMPLAINANT This Criminal Petition is filed by the Petitioners/Accused No.1 to 3 under Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) G.D.Nellore Urban District, for the alleged offences under sections 318(4), 336(3), 340(2), 61(2) of Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’). Learned counsel for the petitioners, after arguing for some time, has ent to the extent of protecting the petitioners herein from the police on the ground that the offences alleged are punishable with imprisonment of less than seven years and prays this Court to direct the police to follow the procedure as contemplated under Section 35(3) of BNSS (old provision, section 41A of Code of Criminal Procedure, 1973). 3. On the other hand, learned Assistant Public Prosecutor did not oppose the same and concurred with the submission made by the learned counsel for the petitioners for the reason that the offences alleged are punishable with imprisonment of less than seven years. 4. Heard. Perused the material on record. 5. Since the offences alleged are punishable with imprisonment of less than seven years, this Court directs the police to follow the procedure as contemplated under Section 35(3) of the BNSS (old provision section 41A of Cr.P.C.,) scrupulously as per the guidelines enunciated in Arnesh Kumar Vs. State of Bihar and another1. 6. With the above directions, the Criminal Petition is disposed of. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed. ________________________ T. MALLIKARJUNA RAO, J. Date: 09.04.2023. SAK 1 (2014) 8 SCC 273 THE HON’BLE SRI JUSTICE T. MALLIKARJUNA RAO Criminal Petition No.3390 of 2025 Date: 09.04.2025 SAK