Extracted from the PDF above. The PDF is authoritative.
APHC010056522025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] WEDNESDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
CRIMINAL PETITION NO: 1187/2025 Between:
G Venkataramana and Others
...PETITIONER/ACCUSED(S) A N D
The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused(S):
1.
JAVVAJI SARATH CHANDRA Counsel for the Respondent/complainant:
1.
PUBLIC PROSECUTOR
The Court made the following:
2 O R D E R:-
This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘the BNSS’) has been filed on behalf of the petitioners herein/accused Nos.1 to 6 to grant anticipatory bail in connection with Crime No.243 of 2024 of V. Kota Urban Police Station, Chittoor, Chittoor District, registered for the offences punishable under Sections 126 (2), 351 (2), 118 (1), 133 read with 3 (5) of the Bharatiya Nyaya Sanhitha, 2023 (for brevity ‘BNS’) and Sections 3 (1) (r) (s) and 3 (2) (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2.
Learned counsel for the petitioners herein/accused Nos.1 to 6, after arguing for some time, has confined his argument to the extent of protecting the petitioners herein/accused Nos.1 to 6 from taking 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 (old provision, Section 41A of the Code of Criminal Procedure, 1973).
3. On the other hand, learned Assistant Public Prosecutor did not oppose the same and concurred with the
3 submission made by the learned counsel for the petitioners herein/ accused Nos.1 to 6 for the reason that the offences alleged are punishable with imprisonment of less than seven years.
4. Heard. Perused the material on record.
5. Since the offences alleged 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 (old provision Section 41A of the Code of Criminal Procedure, 1973) scrupulously as per the guidelines enunciated in Arnesh Kumar Vs. State of Bihar and another1.
6. With the above directions, the Criminal Petition is
disposed of. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.
_______________________ __
JUSTICE K. SREENIVASA REDDY 12th February, 2025.
DNB
1 (2014) 8 SCC 273.