IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI FRIDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 677 OF 2025 Between: 1. Bellamkonda Tulasi Rao, S/o Chinnaiah, 62 yrs, Patimeeda Eedagali village, VenkatachalaSatram Mandal, SPSR Nellore Dt. (A1) 2. Bellamkonda Ravindra, s/o B. Tulasi Rao, 39 yrs, Patimeeda Eedagali village, VenkatachalaSatram Mandal, SPSR Nellore Dt. 3. GunjiJaya Krishna, S/o Raghu Ramaiah, 36 yrs, Padarupalli village, Nellore Rural Mandal, SPSR Nellore Dt. (A3) ...Petitioners/Accused A1 to A3 AND 1. The State of A.P., Rep. By its Public Prosecutor, High Court of A.P., Amaravati. ...Respondent-1 2. Katakam Venkata Narayana, S/o Anjaneyulu, 59 yrs, Chinnabazar, Nellore City, SPSR Nellore Dt. ...Defacto Complainant/Respondent-2 Petition under Section 482 of BNSS and 438 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal >i' Petition, the High Court to enlarge the petitioners/Accused-AI to A3 on Anticipatory Bail in the event of their arrest in Crime No.236 of 2024 under Sections 318(4), 336(3) R/w 3(5) of BNS Act of Venkatachalasatra m Police Station of SPSR Nellore District pending investigation and trial on the file of IV Additional Judicial Magistrate of First Class, Nellore. I.A. NO: 1 OF 2025 Petition under Section 482 (1) R/w 528 of BNSS & 438 (1) R/w 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant Interim anticipatory bail to the petitioners/Accused-AI to A3 in the event of their arrest in pursuant to the registration of FIR NO.236/2024 dated 02.11.2024 of Venkatachalasatram Police Station of SPSR Nellore District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Galla Rama Koteswara Rao, Advocate for the Petitioners and the Public Prosecutor on behalf of the Respondent No.1. The Court made the following: APHC010032402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] FRIDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 677/2025 Between: Bellamkonda Tulasi Rao and Others ...PETITIONER/ACCUSED(S) AND The State Of Ap and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1 .GALLA RAMA KOTESWARA RAO Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: — 2 ORDER:- This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘the BNSS’) has been filed on behalf of the petitioners/accused Nos.1 to 3 to grant anticipatory bail in connection with Crime No.236 of 2024 of V.Sataram Police Station, Sri Potti Sriramulu Nellore District registered for the offences punishable under Sections 318 (4) and 336 (3) read with 3 (5) of the Bharatiya Nyaya Sanhitha, 2023 (for brevity ‘BNS'). Learned counsel for the petitioners/accused Nos.1 to 3, after arguing for some time, has confined his argument to the extent of protecting the petitioners herein/accused Nos.1 to 3 from 2. the coercive action by the police on the ground that the offences 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 petitioners/ 3 accused Nos.1 to 3 for the reason that the offences alleged are punishable with imprisonment of less than seven years. Heard. Perused the material on record. 4. Since the offences alleged are punishable with 5. 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 41Aof the Code of Criminal Procedure, 1973) scrupulously as per the guidelines enunciated in Arnesh Kumar Vs. State of Bihar and another^ With the above directions, the Criminal Petition is 6. disposed of. As a sequel thereto, the miscellaneous petitions, if 7. any, pending in this Criminal Petition, shall stand closed. T (2014) 8 see 273 Sd/- U SRIDEVI ASSISTANT REGISTRAR SEeTION OFFieER //TRUE eOPY// To, 1. The IV Additional Judicial Magistrate of First Class, Nellore. 2. The Station House Officer, Venkatachalasatram Police Station of SPSR Nellore District. 3. One CC to Sri Galla Rama Koteswara Rao, Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh [OUT] 5. Three CD Copies SRm sree PIP HIGH COURT DATED: 31/01/2025 ORDER CRLP.No.677 of 2025 15 FEB 202j \lo ^ Current Section ^ A ^^spatO'^ cn CO DISPOSING OF THE CRL.P.