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2025 DAILYLAW 22319 (AP)

Deepak Kumar, v. The State of Andhra Pradesh

CRLP/6467/2025 · 2025-07-08

T Mallikarjuna Rao

body2025

Judgment text

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APHC010314382025 IN THE HIGH COURT OF ANDHRA PRA AT AMARAVATI SMB Vi WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 6467 OF 2025 Between: Deepak Kumar, S/o. Tarachand, aged about 28 years, R/o. Ward No. 13, Rampura, District Jhunjhunun, Rajasthan - 333036 ...Petitioner/Accused AND The State of Andhra Pradesh, Rep., by its public prosecutor, Court, Amaravathi, Rep., for the Station House Officer P.S., Kumool District. AP High Madhavaram, ...Respondent Petition under Section 438 of Cr.P.C and 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 grant the petitioner/Accused here pre-arrest bail and SHO/I.O of the aforesaid FIR No. 23 of 2024 Dated 05.02.2024, on the file of Madhavaram P.S., Kurnool District major offences under sections 406, 408, 420 and 477A of the Indian Penal Code kindly be directed to released him on bail in the event of his arrest. in 1860 may ^ . Counsel for the Petitioner : SRI THOTA ASHOK KUMAR, ADVOCATE Counsel for the Respondent: THE PUBLIC PROSECUTOR, HIGH COURT OF A.P. The Court made the following ORDER : APHC010314382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) HffiB [3369] WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 6467/2025 Between: Deepak Kumar, ...PETITIONER/ACCUSED AND ...RESPONDENT/COMPLAINANT The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1.THOTA ASHOK KUMAR Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following Order:- This Criminal Petition under Section 482 of B.N.S.S., is filed by the petitioner herein seeking to grant anticipatory bail in Crime No. 23 of 2024 of Madhavaram Police Station, registered for the offences punishable under Sections 406, 408, 477-A and 420 IPC and Section 156(3) Cr.P.C. Learned counsel for the petitioner submits that there is a delay of two years in lodging the report against the petitioner, whereas the petitioner had already tendered his resignation three years prior to the filing of the complaint. This complaint was lodged unnecessarily, for the best reasons best known to the defacto complainant. On the other hand, learned Assistant Public Prosecutor submits that the offences alleged against the petitioner are punishable with imprisonment of less than seven years and undertakes to issue notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 2. 3. 2 Heard. Perused the material on record. Since the offences alleged are punishable with imprisonment of seven years, this Court directs the police to follow the procedure contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, scrupulously, as per the guidelines enunciated in Arnesh Kumar Vs. State of Bihar and another^ The petitioner shall comply with the conditions, without any default. With the above directions, the Criminal Petition is disposed of. Miscellaneous applications pending, if any, shall stand closed. 4. 5. as 6. ^ (2014) 8 see 273 SD/- G.HELA NAIDU ASSISTANT REGISTRAR //TRUE COPYII SEGTION OFFieER To, 1. The Station House Officer, Madhavaram Police Station, Kurnool District. 2. One CC to Sri Thota Ashok Kumar, Advocate [OPUC] 3. Two CC’s to the Public Prosecutor, High Court of Andhra Amaravathi [OUT] 4. Two CD Copies GPC TAC Pradesh at HIGH COURT DATED: 09/07/2025 ORDER CRLP NO. 6467 OF 2025 DISPOSING OF THIS CRIMINAL PETITION