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2025 DAILYLAW 49142 (AP)

POLAVARAPU SATYA RAO v. THE STATE OF ANDHRA PRADESH

CRLP/4590/2025 · 2025-05-05

T Mallikarjuna Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ¥ TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE €> I" o I i ^ PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4590 OF 2025 Between: Polavarapu Satya Rao, S/o. Late Appalakonda, Aged about 65 Male, R/o. 10-385/1/133, Plot No.133, BKS Nivas, Vishalakshi Nagar, Visakhapatnam. years ...PETITIONER/ACCUSED NO. 1 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati ...RESPONDENT/COMPLAINANT Petition under Section 438 of Cr.P.C., & U/s 482 of BNSS praying th^ in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant Anticipatory bail to the Petitioner/Accused No.1 in connection with the Crime No.71 of 2025 of Muvvalapalem P.S., Visakhapatnam. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri MANGENA SREE RAMA RAO, Advocate for the Petitioner and the Public Prosecutor (AP) on behalf of the Respondent No.1. The Court made the following ORDER ; APHC0^204852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4590/2025 Between: Polavarapu Satya Rao ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1. MANGENA SREE RAMA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the foiiowing Order - ...RESPONDENT/COMPLAINANT This Criminal Petition under Section 482 of B.N.S.S., is filed by the petitioner herein/A1 seeking to grant anticipatory bail in Crime No.71 of 2025 of Muvvalapalem Police Station, Visakhapatnam Commissionerate, registered for the offence punishable under Section 318(4) read with 3(5) of the BNS. Learned counsel for the petitioner submits that the offence alleged is punishable with imprisonment up to 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. 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 offence &Heged is punishable with imprisonment of seven years and undertakes to issue notice under Section 35(3) of the BNSS. X 2. 3. 2 4. Heard. Perused the material on record. Since the offence alleged is punishable with imprisonment up to years, this Court directs the police to follow the procedure 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 another^ The petitioner shall comply with the conditions, without any default. With the above directions, the Criminal Petition is disposed of. Miscellaneous applications pending, if any, shall stand closed. 5. seven as 6. 1 (2014) 8 see 273 I I Sd/- P U V BHASKAR RAO ASSISTANT REGISTRAR //TRUE eOPY// SEeTION OFFieER To, 1. The Station House Officer, Muvvalapalem P.S., Visakhapatnam 2. One CC to Sri Mangena Sree Rama Rao, Advocate [OPUC] ^3. Two CCs to the Public Prosecutor, High Court of A.P atAmaravati [OPUC] 4. Three CD Copies SD TF HIGH COURT 'i DATED:06/05/2025 \ ORDER CRLP.No.4590 of 2025 o ov ml a: Coil tz ^ Current: iisciion ^ *^r2? X disposing the criminal petition