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2025 DAILYLAW 6275 (AP)

KONATHALA MADHUSUDHAN REDDY v. THE STATE OF ANDHRA PRADESH

CRLP/1196/2025 · 2025-02-25

K Sreenivasa Reddy

body2025

Judgment text

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APHC010057622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] TUESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO.1196 OF 2025 Between: Konathala Madhusudhan Reddy ...PETITIONER/ACCUSED AND The State of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. SODUM ANVESHA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following ORDER: This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/A2, seeking anticipatory bail, in connection with Crime No.88 of 2024 of KIA Police Station, Sri Satya Sai district, registered for the offences punishable under Sections 137(2), 2 127(2), 308(2) and 351(1) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. Learned counsel for the petitioner contended that though the offences alleged are punishable with imprisonment of less than seven years, petitioner apprehends that the police may arrest him by altering the provisions of law to one under grievous offences, hence he 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 submits that the police have not altered the provisions of law and, as on today, the offences alleged remain as it is and they 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, scrupulously, as per the guidelines enunciated in Arnesh 3 Kumar Vs. State of Bihar and another1. It is made clear that, in any case, if the police intend to alter the provisions of law to one under grievous offences, they are directed to issue prior notice to the petitioner herein. 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. _______________________ K. SREENIVASA REDDY, J Dated:25.02.2025 Nsr 1 (2014) 8 SCC 273 4 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Criminal Petition No.1196 of 2025 Dated:25.02.2025 Nsr