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High Court of Andhra Pradesh · body

2025 DAILYLAW 5258 (AP)

B HAROON BASHA v. THE STATE SHO

CRLP/945/2025 · 2025-02-13

K Sreenivasa Reddy

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE m p lO PRESENT THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY CRIMINAL PETITION NO: 945 OF 2025 Between: B Haroon Basha, S/o. Hai Basha, aged 36 years, Business, R/o. Havannapet, Adoni, Kurnool District ...Petitioner/Accused AND The State SHO, III Town Police Station, Adoni, Rep. by Prosecutor, High Court at Andhra Pradesh at Amaravathi. its Public ...Respondent 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 Petition, the High Court may be pleased to issue a direction to the Respondent Police that in the event of arrest of the Petitioner/Accused shall be released on bail in FI.R in Crime No.112/2024 of ill Town Police Station, Adoni, Kurnool District by grant Anticipatory Bail to the Petitioner. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Matada Yuvasiva Swamy, Advocate for the Petitioner and (AP) on behalf of the Respondent No. The Court made the following ORDER: he the Public Prosecutor APHC010415312024 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) [3327] THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY CRIMINAL PETITION N0.945 OF 2025 Between: B. Haroon Basha ...PETITIONERS/ACCUSED AND The State of AP Rep. by its PP ...RESPONDENT/COMPLAINANT Counsel for the Petitioners/accused: 1. MATADA YUVASIVA SWAMY Counsel for the Respondent/complainant; 1. PUBLIC PROSECUTOR The Court made the following ORDER: This Criminal Petition, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/accused, seeking anticipatory bail, in connection with Crime No.112 of 2024 of Adoni III Town Police Station, Kurnool 2 1 district, registered for the offences punishable under Sections 74, 118(1) and 79 of the Bharatiya Nyaya Sanhita, 2023. 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 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 the learned counsel for the petitioner for the made by reason that the offences alleged are punishable with imprisonment of less than seven years. 4. Heard. Perused the material on record, the offences alleged 5. Since 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 and as per the guidelines enunciated by the Hon’ble 3 / Supreme Court of India in Arnesh Kumar Vs. State of Bihar and another^. 6. With the above directions, the Criminal Petition is disposed of. 7. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed. I \ T (2014) 8 see 273 Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// S N OFFieER To, 1. The VII Additional Sessions Judge, Kurnool F.A.C. Offences Under the Protection of Children (POCSO) Act 2012, Kurnool District. 2. The Station House Officer III Town Police Station 3. One CC to Sri Matada Yuvasiva Swamy, Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court of Andhra Amaravathi [OUT] 5. Three CD Copies Court for Trial of form Sexual Offences Adoni, Kurnool. Pradesh at SD sree \. kiL * / HIGH COURT DATED:13/02/2025 ORDER CRLP.No.945 of 2025 2 5 FEB 2025 M f/a: Co . Current Section . DISPOSING THE CRIMINAL PETITION