APHC010021792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 439/2025 Between: Venkata Srikanth @ Venkat ...PETITIONER/ACCUSED A N D The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. G N V PULLA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 O R D E R:- This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘the BNSS’) has been filed on behalf of the petitioner/accused to grant anticipatory bail in connection with Crime No.125 of 2024 of Santhapet, Sri Potti Sriramulu Nellore District registered for the offence punishable under Section 318 (4) of the Bharatiya Nyaya Sanhitha, 2023 (for brevity ‘BNS’). 2. Learned counsel for the petitioner/accused, after arguing for some time, has confined his argument to the extent of protecting the petitioner herein/accused from the coercive action by the police on the ground that the offence alleged is 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 (old provision Section 41A of the Code of Criminal Procedure, 1973). 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/accused for the reason that the offence alleged is punishable with imprisonment of less than seven years. 3 4. Heard. Perused the material on record. 5. Since the offence alleged is 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 (old provision Section 41A of the Code of Criminal Procedure, 1973) 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. _______________________ __ JUSTICE K. SREENIVASA REDDY 27th January, 2025. DNB 1 (2014) 8 SCC 273