IN THE HIGH COURT OF ANDHRA PRADESH :: AM THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 4789 OF 2025 Between: Kongara Brahmaiah, (Shown as 'Kongara Brahmam' in the FIR) S/o. Subbaiah, Age. 55 Years, R/o. 2-54, Chandrapuram, Krishna, Andhra Pradesh-521185 ...PETITIONER/ACCUSED AND The State of Andhra Pradesh, Through its SHO, NANDIGAMA PS, NTR Commissionerate, Rep.by.State Public Prosecutor, High Court of A.P. ...RESPONDENT/COMPLAINANT Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to direct the Petitioner/Accused be released on bail in the event of his arrest in connection with the Cr.No.143 of 2025, NANDIGAMA PS, NTR Commissionerate dated 22.04.2025. I.A. NO: 1 OF 2025 Petition under Section 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 release on interim bail in the event of arrest in connection with the Cr.No.143 of 2025, NANDIGAMA PS, NTR Commissionerate dated 22.04.2025. Ct This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri DHEERA KANISHKA, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent. The Court made the following: ORDER APHC010226572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 4789/2025 Between: KONGARA BRAHMAIAH (SHOWN AS KONGARA BRAHMAM IN FIR), S/O.SUBBAIAH, AGED 55 YEARS, R/0.2-54, CHANDRAPURAM, KRISHNA DISTRICT. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, THROUGH ITS SHO, NANDIGAMA P.S., NTR COMMISSIONERATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF A.P., AMARAVATI. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.DHEERA KANISHKA Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: ORDER: The instant petition under Section 438 of Code of Criminal Procedure has been filed seeking to grant anticipatory bail to the Petitioner/Accused, in \ connection with Crime No. 143 of 2025 of Nandigama Police Station, NTR Commissionerate, which was registered for the offences under Sections 318(2), 318(3), 336(2) and 336(3) of Bharatiya Nyaya Sanhita, 2023. 4 Heard Sri Dheera Kanishka, learned counsel for the Petitioner and Sri C.Panini Somayaji, learned Assistant Public Prosecutor. Learned counsel for the Petitioner would submit that all the offences are punishable with below and upto seven years of imprisonment and a direction may be given to the Police to follow the guidelines issued by Hon’ble Apex Court in Arnesh Kumar v. State of Bihar\ since Section 35(3) of BNSS is 2. 3. pari materia to Section 41-A of the Code of Criminal Procedure. Learned Assistant Public Prosecutor fairly conceded the same and 4. would submit that a direction may be given to the Police to follow the procedure as established under Section 35(3) of BNSS Act since the offences are punishable with an imprisonment of below and upto seven years. Considering the submissions, this criminal petition is disposed of with 5. the following; a. Investigating Officer is at liberty to complete the investigation, in accordance with law. b. In the event of any coercive action sought to be taken against the Petitioner, concerned Police authorities are directed to scrupulously follow the procedure prescribed under Section 41-A Cr.P.C., and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar’s case (supra). Pending applications, if any, shall stands closed. 1 (2014) 8 see 273 Sd/- P U V BHASKAR RAO ASSISTANT REGISTRAR //TRUE COPYII SEeTION OFFieER To, 1. The SHO, Nandigama Police Station, Krishna District.. 2. One CC to Sri Dheera Kanishka, Advocate [OPUC] 3. Two CCs to The Public Prosecutor, High Court of Andhra Pradesh. [OUT] 4. Three CD Copies HIGH COURT DATED:01/05/2025 ORDER CRLP.No.4789 of 2025 r % g n JUL 2025 ^ Current Section ? DISPOSING OF THE CRLP