DEPATLA NAGARJUNA REDDY v. THE STATE OF ANDHRA PRADESH
CRLP/767/2025 · 2025-02-18
K Sreenivasa Reddy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4739 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4739 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010036692025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] TUESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 767/2025 Between: Depatla Nagarjuna Reddy ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:
1. VMR LEGAL Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR The Court made the following:
ORDER:-
This Criminal Petition under Section 482 of B.N.S.S., is filed by the petitioner herein seeking to grant anticipatory bail in Crime No.58 of 2024 of Yerravaripalem Police Station, Tirupathi District, registered for the offences punishable under Sections 352, 351(2), 196(1), 61(2), 353(1), 72(2) read with 3(5) of the BNS and Section 67A of the Information Technology Act, 2000-2008 and Section 23(1) of the POCSO Act, 2012 and Section 3(1)(z)(zc) of the SCs and the STs (PoA) Act, 1989.
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
2 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, 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.
Miscellaneous petitions, if any pending, in the Criminal Petition, shall stand closed. ____________________________ JUSTICE K SREENIVASA REDDY
Date: 18.02.2025 ASR
1 (2014) 8 SCC 273
3
THE HON’BLE SRI JUSTICE K SREENIVASA REDDY
CRIMINAL PETITION No.767 OF 2025
Dated18.02.2025 ASR