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2025 DAILYLAW 35779 (AP)

MALAKA AMARNATHA REDDY v. THE STATE OF ANDHRA PRADESH

CRLP/9297/2024 · 2025-01-02

K Sreenivasa Reddy

body2025

Judgment text

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APHC010578432024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO.9297 OF 2024 Between: Malaka Amarnatha Reddy ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. PAPUDIPPU SASHIDAR REDDY 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 by the petitioner/Accused, seeking anticipatory bail, in connection with Crime No.176 of 2024 of Bapatla Police Station, Bapatla district, registered for the offences punishable under Section 196 of the 2 Bharatiya Nyaya Sanhita, 2023 and Section 66 of the Information Technology Act, 2000-2008. 2. Learned counsel for the petitioner, after arguing for some time, has confined his argument to the extent of protecting the petitioner 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 petitioner for the reason that the offences alleged are punishable with imprisonment of less than seven years. 4. Heard. Perused the material on record. 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 scrupulously, as per the guidelines enunciated in Arnesh Kumar Vs. State of Bihar and another1. 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. ________________________ K. SREENIVASA REDDY, J. Date:02.01.2025 Nsr 1 (2014) 8 SCC 273 4 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Criminal Petition No.9297 of 2024 Date:02.01.2025 Nsr