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2025 DAILYLAW 53363 (AP)

KURUVA GORANTLA MADHAV v. THE STATE OF ANDHRA PRADESH

CRLP/4246/2025 · 2025-05-01

T Mallikarjuna Rao

body2025

Judgment text

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V IN THE HIGH COURT OF ANDHRA PRADESH AT AMA FRIDAY, THE SECOND DAY OF MAY, TWO THOUSAND AND TWENTY FIVE :PRESENT: HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4246 OF 2025 Between: Kuruva Gorantia Madhav, Ex. Member of Parliament, R/o H.No.6-4-174- 22, Adarsh Colony Maruthi Nagar, Anantapur-515001, A.P. .. .Petitioner/Accused AND The State of Andhra Pradesh, Rep. by its Public Prosecutor High Court of Andhra Pradesh at Amaravati. ...Respondent/Complainant Petition under Section 482 of BNSS, 2023 & under Section 438 of Cr.P.C is filed praying that in the circumstances stated in memorandum of grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused on Anticipatory Ball in the event of his arrest in Crime No. 186 of 2025 Tadepalli Police Station, Guntur District offences punishable under Section 196(1), 352, 353(1), 351(2), 61(2) r/w 3(5) BNS, 67 IT Act; The petition coming on for hearing, upon perusing the Petition and memorandum of grounds of criminal petition and upon hearing the arguments of Sri M.Bala Krishna, Advocate for the Petitioner and Public Prosecutor Advocate for the Respondent; V IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4246/2025 Order; This Criminal Petition has been filed by the petitioners/accused, seeking anticipatory bail, in connection with Crime No. 186 of 2025 of Tadepalli Police Station, Guntur District. 2. A case has been registered against the petitioner herein for the offence punishable under Sections 196(1), 352, 353(1), 351(2), 61(2) r/w 3(5) of BNS and Section 67 of Information Technology Act, 2008. Learned counsel for the petitioner, after arguing for some 3. 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. 2 \ 4. On the other hand, learned Assistant did not oppose the made by the learned counsel for the Public Prosecutor same and concurred with the submission petitioner for the that the offences alleged are punishable with i reason imprisonment of less than seven years. 5. Heard. Perused the material on record. 6. Though the offences alleged are punishable with impnsonment less than seven years, this Court is directed the concerned investigation officer to follow the procedure as contemplated under Section 35(3) of the Bharatiya Suraksha Sanhita, 2023, Nagarik scrupulously, as per the guidelines enunciated in Arnesh Kumar Vs. State of Bihar and another^. After release, the petitioner/accused shall cooperate for investigation and shall appear before the investigating officer as and when his presence is required. 7. With the above direction, the Criminal Petition is disposed of. ^SRimVAs ASSISTANT REGISTR sect/on OFF/CER //TRUE COPY// For To, 1. The Station House Officer, Tadepalli Police Station, Guntur District. 2. One CC to Sri. M.Bala Krishna, Advocate [OPUC] 3. Two CCs to Public Prosecutor, High Court of AP [OUT] 4. One spare copy MM ✓ HIGH COURT TMR,J DATED:02/05/2025 ORDER CRLP.No.4246 of 2025 ALLOWED i •1 >('