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High Court of Andhra Pradesh · body

2025 DAILYLAW 15172 (AP)

S VENKATESU v. THE STATE OF ANDHRA PRADESH

CRLP/4095/2025 · 2025-04-29

K Sreenivasa Reddy

body2025

Judgment text

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HON’BLE SRI JUSTICE K. SREENIVASA REDDY Criminal Petition No.4095 of 2025 Order: This Criminal Petition, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioners/A1 to A7, seeking anticipatory bail, in connection with Crime No.22 of 2025 of Baireddypalle Police Station, Chittoor district, registered for the offences punishable under Sections 118(1), 115(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023. 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 coercive action by 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 the Bharatiya Nagarik Suraksha Sanhita, 2023. 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 2 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 Bharatiya Nagarik Suraksha Sanhita, 2023 scrupulously and as per the guidelines enunciated by the Hon’ble Supreme Court of India in Arnesh Kumar Vs. State of Bihar and another1. 6. With the above directions, the Criminal Petition is disposed of. 7. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed. ________________________ K. SREENIVASA REDDY, J. Date:29.04.2025 Nsr 1 (2014) 8 SCC 273 3 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Criminal Petition No.4095 of 2025 Date:29.04.2025 Nsr