MALLISETTY SIVA SANKAR v. THE STATE OF ANDHRA PRADESH
CRLP/5719/2025 · 2025-06-04
Maheswara Rao Kuncheam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19747 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19747 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
I - 'N THE HIGH couRT OF ANDHRA PRADESH AT AMARAVAT[ THURSDAY, THE FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM PETITION NO: 5719 OF 2025 CRIMINAL Betwee n : Mallisetty Siva Sankar, S/o.Ptlllaiah, aged 45 years, R/o.Podalakur village, podalakur Mandal, SPSR Nellore District. ...petitioner/Accused AND The State of Andhra Pradesh, Rep by its Station House Officer, podalakur, spsR Nellore District, through Public Prosecutor, High court Bu'l[dings, Amaravati. ...Respondent/Complainant petition filed under section 482 of BNSS praying that in the circumstances stated in the Memorandum Of Grounds of Criminal Petition, the High Court may be pleased tO enlarge the Petitioner/Accused on bail in the event of his arrest by the police, p s podalakur, sri Potti Sriramulur Nelllore District in connection With Crime No.76 of 2025 for offenceS under sections 329(3) BNS & Section 3 of PDPP Act. This Petition coming On for hearing, upon Perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments Of Sri T. Janardhan Rao, Advocate for Petitioner and the Assistant Public prosecutor on behalf of Respondent. The Court made the following:
APHCO10277'262025 L TEELH IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] THURSDAY ,THE FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5719/2025 Between : MaIIisetty Siva Sankar The State Of Andhra Pradesh AND ...PETITIONER/ACCUSED II.RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:
1.T JANARDHAN RAO Counsel for the Respondent/complainant:
1.PUBLIC PROSECUTOR The Court made the following: This Criminal Petition under Section 482 of B.N.S.S., is filed by the petitioner herein/accused seeking to grant anticipatory bail in Crime No.76 of 2025 of Podal'akur Police Station7 Sri Potti Sriramulu Nellore District, registered for the offence punishable under Section 329(3) of BNS & Section 3 of PDPPA. 2. Learned counsel for the petitioner submits that the offence alleged is punishable with imprisonment up to 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. +-_---so
3.
On the other hand, learned Assistant Public Prosecutor did not opposed the same and concurred with the submission made by the learned counsel for the petitioner for the reason that the offence alleged Its Punishable with imprisonment up to seven years and undertakes to issue notice under section 35(3) of the BNSS. 4. Heard. Perusedthe material on record. 5. SI'nCe the Offence alleged is punishable with imprisonment up to seven years, this court dI'reCtS the POIice to follow the procedure as contemplated under section 35(3) of the Bharatl-ya Nagarik Suraksha sanhita, 2023, scrupulously, as per the guidelines enuncI-ated in Amesh Kt,mar vs, sfafe of B,'har ant/ another'. The petI'tI'Oner Shall comply wI-th the COnditl-ons, wl|thout any default. 6. WI|th the above directI-OnS, the Criml-Hal Petitl-on is dI'SPOSed of. Miscellaneous appll-catI'OnS Pending, I'f any, Shall Stand CIosed. 8 SCC 273 To] //TRUE COPY// ASsd5-ISSTHAffiD;TRRAAFE SECTION OFFICER I
1. The ~Stetion Hous'e Officer, Poda[akur Police Station, SPSR Nellore Distrl'ct. ,
2. One CC to Srl-T.Janardhan Rao, Advocate [OPUC] 3, Two CC's to the publI'C Prosecutor, High Court of Andhra Pradesh at Amaravati [ouT]
4. Three CD Copies. BSV ssb
HIGH COURT (vacat-Ion Court) DATED:05/06/2025 ORDER CRLP.No.5719 of 2025 DISPOSING OF THE CRIMINAL PETITION