+ras%rtr 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 PET[T[ON NO: 5710 OF 2025 Between: Devineni Av'lnash, 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 of Andhra Pradesh, Rep by the Station House Officer, Tiruvuru Police Station, Rep through Public Prosecutor, High Court of Andhra Pradesh at Amaravati, Guntur District. 2. Moodu Lakshmi, W/a Hussa'ln, aged 65 years, H.No.23-238, Sugali Colony, Tiruvuru, NTR District, A.P., (R.2 is impleaded as per the Court order dated 05.06.2025 in lA No.2/2025 in CrI|PINo.5710/2025.) ...Responclents petition 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 direct the respondent herein tO grant pro-arrest bail in the event of his arrest in Crime No.149/2025 on the file of Tiruvuru Police Station, NTR Commissionerate for the offenCeS Punishable ±ifaap~ 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. _5 Ii 1 OF2025 petition under Section 528 of BNSS 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 issued notice u/s 35 (3) of Bharatiya Nagarik Suraksha Sanhitha, 2023 in connection with crime No.149/2025 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. This Petition coming on for hear'lng, upon Perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Phani Viswanath ChaIIa, Advocate for the Petitioner and the public Prosecutor on behalf of the Respondent No.1 and Sri Trinath Choudary Kolla, for the Respondent No.2. The Court made the following: APHCO10277232025 lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (special original Juri;diction) [3504] THURSDAY ,THE FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIrVIINAL PETITION N O: 5710/2025 _ -iA-/ Between : Devineni Avinash AND The State Of Andhra Pradesh counsel for the Petitioner/accused: 1. PrllANI VISWANATH CHALLA M.PETITIONER/ACCUSED ...RESPONDENT/COMPLAINANT counsel for the Respondent/comp[ajnant: 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 No.2 seeking to grant antiCiPatOry bail in Crime No.148 of 2025 of Tiruvuru Police Station, NTR Commissionerate, regiStereCl for the offences punishable under section 140(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 tQ follow the Procedure aS COntemPIated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 3. On the other hand, learned Public Prosecutor did not oppose the same and concurred wI-th the SubmiSSI-On 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 material on record. 5. Since the offences alleged are punishable wlnth imprisonment up to 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, as per the guidelines enunciated in Amesh Kt,mar vsl State of Bihar and another1. 6. With the above directions, the criminal petI'tiOn iS disposed Of. Miscellaneous applications pending, if any, shall stand closed. (2014) 8 SCC 273 TRUE COPY,, ASsd:-ISSTHAAgrAAFE SECTION OFFICER To) 1. The Station House Officer, Tiruvuru Police Station, NTR Commissionerate. 2. One CC to Sri. Phani Viswanath Challa, Advocate [OPUC] 3. One CC to Sri Trinath Choudary Kolla, Advocate [OPUC] 4. Two cos to Public Prosecutor, High Court ofAndhra Pradesh [OUT] 5. ThreeCDCopies Pmg Sree .'t,£t \ HIGH COURT DATED:05/06/2025 ORDER CRLP.No.5710 of 2025 DISPOSING THE CRLP ® G }U`ni ?fl,r, c`u,,ant ,5i'±€3!0! _+ Jay