Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 19765 (AP)

MALLISETTY SIVA SANKAR @ PRP SIVA v. THE STATE OF ANDHRA PRADESH

CRLP/5718/2025 · 2025-06-04

Maheswara Rao Kuncheam

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl THURSDAY, THE FIFTH DAY--OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5718 OF 2025 Between : 1. Mallisetty Siva Sankar @ PRP Siva, S/o. Pullaiah, Aged 45 Years, R/o. Podalakur Village, Podalakur Mandal, SPSR Nellore District 2. MalI'Setty Lavanya, W/o Malisetty Siva Sankar, Aged 38 years, House wife, R/o Podalakur Village, Podalakur MandaI, SPSR NeIIore District 3. Challa Srinivasulu, S/o. Rangaiah, Aged about 35 years. Driver R/o. Maruthi Nagar, Police Line, Podalakur, SPSR Nellore District ...PETITIONERS / ACCUSED 1 to 3 AND The State ofAndhra Pradesh, Rep by its Station House Officer, Podalakur, SPSR NeIIore District, through Public Prosecutor, High Court Bids, Amaravati M.RESPONDENT / COMPLAINANT Petition under Section 482 of BNSS Act, praying that in the circumstances stated in the Memorandum of Grounds of Criininal Petition, the High Court may be Pleased to enlarge the petitI'Oner / Accused No. 1 to 3 on bail in the event of their arrest by the police, P S Podalakur, Sri Potti sriramulu Nellore District in connection with Crime No. 85/2025 for offences under Sections 329(3), 324(4) R/w. 3(5) of BNS Act. This Petition coming on for hearing, upon perusing the Memorandum of\Gru'ounds of Criminal Petition and upon hearing the arguments of Sri T. grJan;-rdhan Rao, Advocate for the Petitioners -and the Public Prosecuto'r ... is `\`' (Ap) on behalf of the Respondent The Court made the following: APHCO10277252025 EiLE IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (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: 5718/2025 Betwee n : Mallisetty Siva Sankar @ Prp Siva and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and ...RESPONDENT/COMPLAINANT(S) Others Counsel for the Petitioner/accused(S): 1.T JANARDHAN RAO Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR The Court made the following: This Criminal Petition under Section 482 of B.N.S.S., iS filed by the petitioners herein/accused Nos.1 to 3 seeking to grant anticipatory bail in Crime No.85 of 2025 of Podalakur Police Station, Sri Potti Sriramulu Nellore District, registered for the offences punishable under Section 329(3), 324(4) r/w 3(5) of BNS. 2. 2. Learned counsel for the petitioners 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 Assistant public Prosecutor did not oppose the same and concurred wl-th the submission made by the learned counsel for the petitI'OnerS for the reason that the offences alleged are punI'Shable with l'mprisonment up to seven years and undertakes to issue notI'Ce under Section 35(3) of the BNSS. 4. Heard, perusedthematerl-alon record. 5. Since the offences alleged are punI-Shable with imprisonment up to seven years, thI-S Court dllrects the police to follow the procedure as contemplated under section 35(3) of the Bharatl'ya Nagarik suraksha sanhI|ta, 2023, scrupulously, as per the guidelI'neS enunciated in Amesh Kt,mar vs. csof:::tloonfs,BJ'-I:haorutaanndy daenf:::ter7 The petltlOners sha" comply wlth the 6. with the above djrectl[onsj the crI'mjnal Petjtjon is dI-SPOSed of. Miscellaneous applications pending, I-f anyJ Shall stand closed. 1 (2014) 8 SCC 273 To, //TRUE COPY// ASSISSsTdEAffi: 1. The station House officer, podalakur police Station, srI-Pottl-srI'ramulu Nellore Dl-strict 2. One cc to srj T.Janardhan Rao, Advocate [opuc] 3. Two cc to public prosecutor, High court of Andhra pradesh a{ Amaravathi. [ouT] 4. Three CD Copies MV TF _tiig i HIGH COURT DATED: 05/06/2025 ORDER CRLP|No.5718 of 2025 DISPOSING OF THE CRLP T \. 1 • '' g5fa \