APHC010366222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7572/2025 Between: 1.MANIKALA ANNAVARAM, S/O. PARRARAJU AGED ABOUT 36 YEARS, R/O. H.NO. 1-96, JANGAREDDIGURM WEST GODAVARI, ANDHRA PRADESH. 534447 2.SEELAMANJANEYULU,, S/O. VEERASWAMI AGED ABOUT 38 YEARS, R/O. H.NO. 1-135 PUTLAGATLAGUDEM, JANGARDDIGUDEMMANDAL WEST GODAVARI DISTRICT, ANDHRA PRADESH - 534451 (A-6) ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court for the State of Andhra Pradesh, at Amaravati Through SHO, Lakkavaram Police Station, Eluru distrcit ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1.PILLIX LAW FIRM Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: 2 ORDER: The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the petitioners/Accused Nos.5 & 6 for granting of pre-arrest bail in connection with Crime No.196 of 2025 on the file of Jangareddygudem Police Station, Eluru District, registered for the alleged offences punishable under Section 303(2) Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). 2. The case of the prosecution is that prior to 04.06.2025 at approximately 9:00 AM, a theft occurred in the veranda adjacent to the residence of the complainant, located on Western Street, Vegavaram Village, Jangareddigudem Mandal. The complainant, Atluri Srinivasarao, submitted that he is a farmer by profession and earns his livelihood through agricultural activities, specifically cocoa cultivation. It is stated that in the first week of May 2025, the complainant had stored 30 bags of cocoa beans in the said veranda for the purpose of drying, having covered them securely with a tarpaulin. On the morning of 04.06.2025, at around 9:00 AM, while preparing to transport the cocoa bags to the Jangareddigudem market for sale, the complainant discovered that 6 out of the 30 bags were missing, leaving only 24 bags in place. The complainant suspects that the said 6 cocoa bags, containing approximately 220 kilograms of cocoa beans valued at ₹1,10,000/-, were stolen during the night by unknown persons on an earlier date. 3. Learned counsel for the petitioners, submits that the petitioners have not committed any offence; they were falsely implicated in this case; they are 3 sole breadwinner of their family; they are ready to abide any conditions to be imposed by this Court, and it is urged to grant pre-arrest bail to the petitioners/Accused Nos.5 & 6. 4. Per contra, Ms.P.Akila Naidu, the learned Assistant Public Prosecutor, opposed in granting of pre-arrest bail stating that investigation is not completed; if the petitioners are enlarged on pre-arrest bail, they would not be available for the investigation and they will repeat the same offence; and it is urged to dismiss the bail application. 5. Heard the learned counsel for the petitioners and learned Assistant Public Prosecutor representing the State. Perused the record. 6. As seen from the record, the offences levelled against the petitioners/Accused Nos.5 & 6 are punishable with imprisonment for less than seven (07) years. 7. In this regard, it is apposite to mention the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar1, wherein a detailed guidelines were issued at Para Nos.11 and 12, for arresting a person, which are being reproduced herein below:- 11.Our endeavor in this judgment is to ensure that police officers do not arrest accused unnecessarily and Magistrate do not authorize detention casually and mechanically. In order to ensure what we have observed above, we give the following direction: a).All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A of the IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41 Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’); 1(2014) 8 SCC 273 4 b)All police officers be provided with a check list containing specified sub- clauses under Section 41(1)(b)(ii); c) The police officer shall forward the check list duly filed and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention; d) The Magistrate while authorizing detention of the accused shall peruse the report furnished by the police officer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorize detention; e) The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of police of the district for the reasons to be recorded in writing; f) Notice of appearance in terms of Section 41-A of Cr.P.C be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the District for the reasons to be recorded in writing; g) Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, he shall also be liable to be punished for contempt of court to be instituted before High Court having territorial jurisdiction. h) Authorizing detention without recording reasons as aforesaid by the judicial Magistrate concerned shall be liable for departmental action by the appropriate High Court. 12.We hasten to add that the directions aforesaid shall not only apply to the cases under Section 498-A of the I.P.C. or Section 4 of the Dowry Prohibition Act, the case in hand, but also such cases where offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years; whether with or without fine. 8. The similar view is also reiterated by the Hon'ble Apex Court in Md.AsfakAlam v. State of Jharkhand2, which also reiterated the guidelines laid down in the case of Arnesh Kumar. 9. In the light of the law laid down in the case of Arnesh Kumar and Md.AsfakAlam, the investigating officer is under legal obligation to proceed in accordance with law, but he shall follow the procedure prescribed under Sections 41 and 41(A) of ‘the Cr.P.C.,’ (now Sections 35 and 35(3) of ‘the 2(2023) 8 SCC 632 5 B.N.S.S.,’ 2023). The petitioners shall oblige to render their fullest cooperation in the ongoing investigation. 10. In the result, the Criminal Petition is disposed of directing the Investigating Officer to comply with Section 35(3) of ‘the BNS’/41-A of ‘the Cr.P.C.,’ and to strictly follow the directions issued in the cases of Arnesh Kumar and MD.Asfak Alam. _________________________ DR. Y. LAKSHMANA RAO, J Date: 28.07.2025 VTS