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2025 DAILYLAW 19905 (AP)

M. Nagabhushanam v. The Stae of Andhra Pradesh

CRLP/5759/2025 · 2025-06-04

Maheswara Rao Kuncheam

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SR[ JUST'lCE MAHESWARA RAO KUNCHE£J#=±: eel_MINAL PETITION NO: 5759 OF 2Q2£ Between : 1. M. Nagabhushanam, s/o D.N.Narasimha Murthy Aged about 64 years, R/o See{halakshmi Nilayam, Government Hospital Road 2nd cross, Hiriyur, Chitradurga Karnataka-577598 2. N. Radhika, D/o M.Nagabhu.shanam Aged about 30 years, C/o R.S Aravinda Kumar H.No.811 Kott`e Road, Opp-Jain Temple Bangarupet, Post, Kolar District Karnataka-563114 ...PETITIONER/ACCUSED MOS.1 & 3 >_-'AND The State of Andhra Pradesh, Through SHO, Nagarampalem Police Station, Guntur Rep by its public prosecutor, High court of Andhra Pradesh. Amaravathi, Guntur District. ...RESPONDENT/COMPLAINANT Petition under section 438 of Cr.P.C and Section 482 of BNSS Praying that in the circumstances `s{ated in the Memorandum of Grounds of CrimI'nal Petition, the High Court may be pleased to grant Anticipatory Bail to the petI'tI'OnerS/Al and A3 relating to the FIR No.77/2025 in the event of their Arrest by the SHO, Nagarampalem PolI'Ce Station, Guntur. i This Petition comI'ng On for h`earing, upon perusing the Memorandum of Grounds of criminal petition and upon hearing the arguments of sri A.SRINIVASA RAO, Advocate for the petI'tI'Oner and the PublI'C Prosecutor on behalf of the Respondent. The Court made the following: APHCO10278442025 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: 5759/2025 Between : M. Nagabhushanam and Others AND The Stae Of Andhra Pradesh Counsel for the Petitioner/accused(S): 1.A.SRINIVASA RAO .UPETITIONER/ACCUSED(S) ...RESPONDENT/COMPLAINANT Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: This Criminal Petition under Section 482 of B.N.S.S.I is filed by the petitioners herein/accused Nos.1 and 3 seeking to grant anticipatory bail in FIR No.77 of 2025 of SHO, Nagarampalem Police Station, Guntur District, registered for the offences punishable under Section 318(4), 351 (2) r/w 3(5) of BNSS. 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 Sanh'lta, 2023. <,a + ®/7 €__.,_.I,..._.,...~.I,~_cta`Edrmmlh£bpet,mth4ldy-n^nunnL,Cuwc-a,m-Lrtyrd4`,ca.`Pn.~-....,.,i.`.....I._._.__~ 3. On the other hand, learned Assistant public prosecutor did not oppose the same and concurred with the submi-ssion made by the learned counsel for the petl|tioner for the reason that the offences alleged are punishable with imprisonment up to seven years and undertakes to issue notl-ce under sectl-on 35(3) of the BNSS. 4. Heard. perusedthe materI-al On record. 5. Since the offences alleged are punishable with imprisonment up to seven years, this Court directs the police to follow the procedure as contemplated under sectI'On 35(3) of the Bharatjya Nagarl-k suraksha sanhita, 2023, scrupulously, as per the guidelines enunciated in Amesh Kumar Vs. sfafe of B,lhar and another7. The petitioners shall comply with the conditI'OnS, WI|thOut any default. 6, With the above directions, the criminal petitI-On I®S dI'SPOSed Of. MjsceI[aneous applications pending, if any, shall stand closed. 1 (2014) 8 SCC 273 To] //TR`uE COPY// Sd/-SHAIK MOHD. RAFl ASSISTAN IjEHIT± EE Hfi i SEC TRAR ICER 1. The Judicial Magjs{rate of I class Specl'aI Mobjte Court, Guntur. 2. The stall-On House offl-cer, Nagarampalem Police station, Guntur, Guntur DistrI'Ct. 3. One CC to Sri A Srinivasa Rao, Advocate [opuc] 4. Two CCs to The Public prosecutor, H]'gh Court of Andhra pradesh. [OUT] 5. Three cD Copies Pmg TF ~.,` \ iuJ®.,,wh`-__I__ HIGH COURT DATED|.05/O6/2025 ORDER CRLP.No.5759 of 2025 DISPOSING THE CRLP grMgFffas o6 JUN 2025