\ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl THURSDAY, THE FIFTH DAY OF JuNE TWO TLIOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEA CRIMINAL PETITION No: 5711 OF 2025 Between : Devineni Avinash, S/a. Late Rajashekhar Nehru, Aged 38 years, R/o. 48-4-16, Ashok Garden, Gundala, Vijayawada, N.T.R. District. ...PETITIONER/ACCUSED No.2 AND 1. The State Qf Andhra Pradesh, Rep by the Station House Officer, Tiruvuru Police Station, Rep through Publ-lc Prosecutor, Lligh Court of Andhra Pradesh At Amaravat'l, Guntur District. 2. Kottapali Nageswara Rao, S/o Kotaiah, aged 69 years, R/o 1-239, Patha Tiruvuru, Madiri Road, Tiruvuru, NTR District, A.P., (R2 is impleaded as per the Court order dated 5.6.2025 in lA,No.2/2025 in CrI.P.5711/2025) ...RESPONDENT Petit'IOn under Section 482 of BNSS and Section 438 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the respondent herein to grant pre-arrest bail in the event of his arrest in Crime No.148/2025 on the file of Tiruvuru Police Station, NTR Commissionerate for the offences punishable under section 140(3),142,127 (2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 in the interest of justice, equity and good conscience. I.AI No: 1_ OF 2025 petition under Section 482 of Cr.P.C praying that in the c'ircuinstances stated in the Memorandum of Gr~ounds of Criminal Petition, the H'lgh Court may be pleased to direct the respondent herein tO issued `®" notice u/s 35 (3) of Bharatiya Nagarik Suraksha Sanhitha, 2023 in connection with Crime No.148/2025 on the file of Tiruvuru Police Station, NTR Commissionerate for the offences Punishable under Section 140(3), 142,127 (2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023, 'ln the interest of Justice, equity and good conscience` This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Phani Viswanath Challa, Advocate for the Petit'loner and the Public Prosecutor on behalf of the RespondentlNo.1 and Sri Trinath Choudary Kolla for the Respondent No.2. The Court made the following: ORDER APhICO10277242025 E=-' JH IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3504] TLIURSDAY ,TLIE FIFTll DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CR[M[NAL PETITION NO: 5711/2025 Between I. Devineni Avinash AND The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1. PHANI VISWANATH CHALLA .UPETITIONER/ACCUSED ...RESPONDENT/COMPLAINANT Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: This Crim'lnaI Petition under Section 482 of B.N.S.S., is filed by the petitioner herein/accused No.2 seeking to grant anticipatory bail in Crime No.148 of 2025 of Tiruvuru Police Station, NTR Commissionerate, registered for the offences punishable under section 1`40(3),142,127(2) read with 3(5) of the Bharatiya Nyaya Sanhitha, 2023. 2. Learned counsel for the petitioner submits that the offences alleged are 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. 3. On the other hand, learned Public Prosecutordid not oppose the same and concurred with the submission made by the learned counsel for the Petitioner for the reason that the offences alleged are punishable with imprisonment up to seven years and undertakes to issue notice under section 35(3) of the BNSS. 4. Heard. Perused the materI'al on record. 5. Since the offences alleged are punishable wl|th l|mprisonmen{ up to seven years, this Court directs the police to follow the procedure as contemplated under Section 35(3) of the Bharatiya NagarI'k Suraksha Sanhjta, 2023, scrupulously, as per the guidelines enunciated in Arnesh Kt,mar Vs. State of Bihar and another1. 6. With the above directions, the criminal petition is disposed of. MIISCellaneous applications pending, if any, shall stand closed. (2014) 8 SCC 273 Sd/-SHAIK M ASSISTJl //TRUE COPY// To, 1. The Station House Officer, TI-ruVuru Police Station, NTR Commissionerate. 2. One CC to Sri Phani Viswanath ChaIIa, Advocate [OPUC] 3. One CC to Sri Trinath Choudary Kolla, Advocate [OPUC] 4. Two cos to Public Prosecutor, High Court ofAndhra Pradesh. [OUT] 5. Three CD Copies. pdrmg HIGH COURT DATED:05/06/2025 ORDER cRLP|No.5711 of 2025 DISPOSING THE CRIMINAL PETITION