1 APHC010531992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10352/2025 Between: Tirrey Vijaya Krishna ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. T D PANI KUMAR Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 20231 by the Petitioner/Accused No.7 for grant of pre-arrest bail in connection with Crime No.226 of 2025 on the file of Tanuku Town Police Station, West Godavari District, registered for the alleged offences punishable under Sections 61(2)(a), 140, 103(1), 238 read with 1 The BNSS 2 Section 3(5) of the Bharatiya Nyay Sanhita, 20232 on the allegation that the Petitioner/Accused No.7 committed murder and kidnapping. 2. Heard the learned counsel for the petitioner and learned Assistant Public Prosecutor representing the State. Perused the record. 3. The Petitioner/Accused No.7 is the younger brother of Accused No.1. The allegation against the Petitioner/Accused No.7 is that, being the owner of a KIA Seltos car bearing registration No.39 MR 5000, he had given the said vehicle to his elder brother/Accused No.1 for transportation of the corpse of the deceased from the burial ground to the river for disposal of the body. As seen from the record, the petitioner had no knowledge about the commission of the murder of Suresh, who is alleged to have maintained an illicit relationship with the wife of Accused No.1. The petitioner did not share any common intention to cause the death of the deceased. Accused Nos.1 to 6 had surrendered before the police along with the car allegedly used in the offence. 4. The other incriminating allegation against the petitioner is that he washed off the bloodstains, if any, found in the car. Except for this, there is no specific allegation that he either participated in the commission of the murder or shared the common intention in committing it. Therefore, the petitioner may be charged under Section 238 of ‘the BNS’ or Section 201 of ‘the IPC’, for which the maximum punishment prescribed is up to seven years. Section 35(3) of ‘the BNSS’ provides protection in respect of offences punishable with imprisonment for a term of less than seven years. 2 The BNS 3 5. In this regard, it is apposite to mention the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar3, wherein a detailed guidelines were issued at Para Nos.11 and 12, for arresting a person, which are being reproduced herein below:- 11. Our endeavor in this judgment is to ensure that police officers do not arrest accused unnecessarily and Magistrate do not authorize detention casually and mechanically. In order to ensure what we have observed above, we give the following direction: a). All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498- A of the IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41 Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’); b) All police officers be provided with a check list containing specified sub- clauses under Section 41(1)(b)(ii); c) The police officer shall forward the check list duly filed and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention; d) The Magistrate while authorizing detention of the accused shall peruse the report furnished by the police officer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorize detention; e) The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of police of the district for the reasons to be recorded in writing; f) Notice of appearance in terms of Section 41-A of Cr.P.C be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the District for the reasons to be recorded in writing; g) Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, he shall also be liable to be punished for contempt of court to be instituted before High Court having territorial jurisdiction. 3(2014) 8 SCC 273 4 h) Authorizing detention without recording reasons as aforesaid by the judicial Magistrate concerned shall be liable for departmental action by the appropriate High Court. 12. We hasten to add that the directions aforesaid shall not only apply to the cases under Section 498-A of the I.P.C. or Section 4 of the Dowry Prohibition Act, the case in hand, but also such cases where offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years; whether with or without fine. 6. The similar view is also reiterated by the Hon'ble Apex Court in Md. AsfakAlam v. the State of Jharkhand4, which also reiterated the guidelines laid down in the case of Arnesh Kumar. 7. In the light of the law laid down in the case of Arnesh Kumar and Md. AsfakAlam, the investigating officer is under legal obligation to proceed in accordance with law, but he shall follow the procedure prescribed under Sections 41 and 41(A) of ‘the Cr.P.C.,’ (now Sections 35 and 35(3) of ‘the B.N.S.S’. The petitioner is obliged to render his fullest cooperation in the ongoing investigation. 8. In the result, the Criminal Petition is disposed of directing the Investigating Officer to comply with Section 35(3) of ‘the BNS’/41-A of ‘the Cr.P.C.,’ and to strictly follow the directions issued in the cases of Arnesh Kumar and MD. Asfak Alam. _________________________ DR. Y. LAKSHMANA RAO, J Date: 14.10.2025 KMS 4(2023) 8 SCC 632 5 75 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.10352 of 2025 Date:14.10.2025 KMS