APHC010281952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5857/2025 Between: Ariveni Kiran Kumar @ Kiran and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. T V JAGGI REDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: Order: The Criminal Petition has been filed under Sections 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioners/Accused Nos.1 and 7 in the event of their arrest in connection with Crime No.77 of 2025 of Cyber Crime Police Station, Visakhapatnam, for the offences punishable under Sections 111(1), 112(1), 318(4), 319(2) r/w 61(2) of Bharatiya Nyana Sanhita, 2023, Section 66-C, 2 66-D of Information Technology Act, 2008 and Sections 3 and 4 of A.P.Gaming Act. 2. The alleged offence committed by the petitioners/A1 and A7 is conducting online cricket betting. As per Section 111 of BNS, it deals with commission of organized crimes. In Section 111 of BNS, there is no reference about the betting or illegal online cricket betting. The appropriate and relevant section would be Section 112(1) of BNS which contemplates un-authorized betting. Section 112(2) of BNS stipulates the minimum punishment of one year and maximum punishment of seven years along with fine. 3. Taking into consideration of alleged role played by the petitioners and nature of allegations, this Court does not deem it fit to enlarge the petitioners on pre-arrest bail. Hence, this petition is liable to be rejected. However, the Station House Officer, Cyber Crime Police Station, Visakhapatnam is directed to comply with the procedure as contemplated under Section 35(3) of BNS/Section 41-A Cr.P.C., as per the guidelines enunciated in Arnesh Kumar Vs. State of Bihar and another1 and also Md. Asfak Alam Vs. The State of Jharkhand2. 1 (2014) 8 SCC 273 2 (2023) 8 SCC 632 3 4. Accordingly, with the above direction, the Criminal Petition is disposed of. _______________________ DR. Y. LAKSHMANA RAO, J Date: 16.07.2025 ARB 4 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.5857 of 2025 Date: 16.07.2025 ARB