Kasa Prabhakar, v. The High Court of Andhra Pradesh
CRLP/91/2025 · 2025-01-22
K Sreenivasa Reddy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2498 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2498 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI WEDNESDAY ,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 91 OF 2025 Between:
1. Kasa Prabhakar, S/o. Krishna, Hindu, aged about 36 years, R/o. 10-3 Main Road, Indira Colony Kalidindi, Krishna District.
2. Kasa Nani alias Satish, S/o. Krishna, Hindu, aged 38 years, R/o. 10-3 Main Road, Indira Colony Kalidindi, Krishna District. ...Petitioners AND The High Court of Andhra Pradesh, At Amaravathi, Rep. by Public Prosecutor Through Station House Officer, Kalidindi PS. ...Respondent 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 release the Petitioners/Accused No.1 and 2 on bail in the event of their arrest in connection with Cr. No. 230/2024 at Kalidindi Police Station for offences U/sec. 115(2), 351(2) r/w 3(5) BNS, and Sections 3(1 )(r), 3(1 )(s), 3(2) (va), SC ST POA ACT .
4 for hearing, upon perusing the Memorandum r This Petition coming on of Grounds of Criminal Petition and upon hearing the arguments of Sri K.V. for the Petitioner and the Public Prosecutor on Aditya Chowdary, Advocate -'.behalf of the Respondent. -f The Court made the following ORDER: 'S % k »
€ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) APHC010003632025 [3327] WEDNESDAY ,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 91/2025 Between: Kasa Prabhakar, and Others ...PETITIONER/ACCUSED(S) AND ...RESPONDENT/COMPLAINANT The High Court Of Andhra Pradesh Counsel for the Petitioner/accused{S):
1. K V ADITYA CHOWDARY Counsel for the Respondent/complainant:
1.PUBLIC PROSECUTOR The Court made the following ORDER: This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the petitioners/A1 and A2, to grant anticipatory bail in connection with Crime No.230 of 2024 of Kalidindi Police Station, registered for the offences punishable under Sections 115(2), 351(2) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1 )(r), 3(1 )(s).
3(2)(va), SC ST POA Act.
2
2.
Learned counsel for the petitioners, after arguing for some time, has confined his argument to the extent of protecting the petitioners herein from the coercive action by the police on the ground that the offences alleged are punishable with imprisonment of less than 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 with the submission made by the learned counsel for the petitioners for the reason that the offences alleged are punishable with imprisonment of less than seven years. Heard. Perused the material on record.
4.
5. Since the offences alleged are punishable with imprisonment of less than seven years, this Court directs the police to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023
3 V scrupulously, as per the guidelines enunciated in Arnesh Kumar Vs. State of Bihar and another^
6. With the above directions, the Criminal Petition is disposed of.
7. As a sequel thereto, the miscellaneous petitions, if any pending in this Criminal Petition, shall stand closed. T (2014) 8 see 273 SD/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPYII SEeTION OFFieER To,
1. The Station House Officer, Kalidindi Police Station, Eluru District.
2. One CC to Sri K V Aditya Chowdary, Advocate [OPUC]
3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT
4. Three CD Copies sree
HIGH COURT DATED:22/01/2025 i
ORDER CRLP.No.91 of 2025 0 3 FEB 20n s* ;/x s C9 ►O ^ ^ Current Section ^^ DISPOSING OF THE CRIMINAL PETITION