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2025 DAILYLAW 4882 (AP)

RANGARAO NARAYANARAO PUPPALA v. THE STATE OF ANDHRA PRADESH

CRLP/790/2025 · 2025-02-10

K Sreenivasa Reddy

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE K SREENIVASA REDDY HRIMINAL PETITION NO: 790 OF 2025 Between: Rangarao Narayanarao Puppala, Director of Ahana Energy Limited, No. 167, 3rd prime d Oak's Insignia, Opposite Axis Bank, Rabindranath Tagore Marg, Civil Lines, Nagpur-440 001. ...PETITIONER/ACCUSED No.2 AND The State of Andhra Pradesh, represented by its Public Prosecutor, High court of Andhra Pradesh, Amaravati. ...RESPONDENT/COMPLAINANT Petition under Section 438 of Cr.P.C & Section 482 BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant Anticipatory bail and direct the Station House Officer of Sarpavaram Police Station, East Godavari District to release the petitioners/Accused-2 on bail in the event of his arrest in connection with Crime. No.85/2022 under Section 420, 406, R/W 34 I.P.C. in the interest of justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri SIMHACHALAM KARUKOLA, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent. The Court made the following: ORDER i APHC010038072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] / MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE \ PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 790/2025 Between: Rangarao Narayanarao Puppala ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.SIMHACHALAM KARUKOLA Counsel for the Respondent/complainant: 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 petitioner herein/accused No.2 to grant anticipatory bail in connection with Crime No.85 of 2022 of Sarapavaram Police Station, East Godavari District, registered for the offences punishable under Sections 420 and 406 read with 34 of the Bharatiya Nyaya Sanhitha, 2023 (for brevity ‘BNS’). 2. Learned counsel for the petitioner herein/accused No.2, after arguing for some time, has confined his argument to the extent of protecting the petitioner herein/accused No.2 from taking 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 (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 herein/ accused No.2 for the reason that the offences alleged are punishable with imprisonment of less than seven years. 3 ✓ t 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 41A of 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 any, pending in this Criminal Petition, shall stand closed. ^ (2014) 8 see 273 Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The II Additional Civil Judge (Senior Division), Kakinada, East Godavari District. 2. The Station House Officer, Sarpavaram Police Station, East Godavari District. 3. One CC to Sri Simhachalam Karukola, Advocate [OPUC] 4. Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] S.Three CD Copies RDB VNA % HIGH COURT DATED:10/02/2025 ORDER CRLP.No.790 of 2025 * 0 5 MAR 20?5 ^ . Current Section li DISPOSING OF THE CRIMINAL PETITION