THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 246 of 2025 ORDER: This Criminal Petition Under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS) (under Section 438 of Cr.P.C.), is filed seeking to enlarge the petitioner/accused on anticipatory bail in Crime No.171/2024 of Amaravathi Police Station, Palnadu District, registered for the offences punishable under Sections 420, 403, 406, 379 of IPC and 21(1) and 21(4) of the Mines & Minerals (Development and Regulation) Act, 1957. 2. Heard Sri P.Veera Reddy, learned Senior Counsel appearing on behalf of Sri B.Jaya Prabhakara Rao, learned counsel for petitioner/Accused and Sri Sai Rohit, learned Assistant Public Prosecutor for respondent/State. 3. Learned counsel for the petitioner, after arguing for some time, has confined his argument to the extent of protecting the petitioner herein from the police on the ground that the offences alleged are punishable with imprisonment of seven years and less than seven years and prays this Court to direct the police to follow the procedure as contemplated under Section 35(3) of BNSS. 4. On the other hand, learned Assistant Public Prosecutor did not oppose the same and concurred with the submission made by the 2 learned counsel for the petitioner for the reason that the offences alleged are punishable with imprisonment of less than seven years. 5. Perused the record. On 08.08.2024 a case in Crime No.171/2024 of Amaravathi Police Station, Palnadu District was registered for the offences punishable under Sections 420, 403, 406, 379 of IPC and 21(1) and 21(4) of the Mines & Minerals (Development and Regulation) Act, 1957. 6. Considering the submissions made on both sides and since the offences alleged are punishable with imprisonment of seven years or less than seven years, this Court directs the investigating officer/Police to comply with the true letter and spirit of Section 35(3) of BNSS scrupulously and also all the well settled legal principles given by the Hon’ble Supreme Court in the judgment in Arnesh Kumar Vs. State of Bihar and another1. 7. With these observations, the Criminal Petition is disposed of. ______________________________ MAHESWARA RAO KUNCHEAM,J Date: 17.01.2025 SDP / CVD 1 (2014) 8 SCC 273 3 05 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION No.246 OF 2025 Dated: 17.01.2025 SDP / CVD