APHC010069902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] THURSDAY ,THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 1499/2025 Between: Gulam Moinuddin ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. KRISHNA MURTHY SUNKARA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: Order: [[ This Criminal Petition has been filed by the petitioners/accused, seeking anticipatory bail, in connection with Crime No.1 of 2025 of Cyber Police Station, Visakhapatnam District. 2. A case has been registered against the petitioner herein for the offence punishable under Sections 319(2), 318(4) 2 r/w61(2) of BNS and Section 66(B) of the Information Technology Act. 3. Learned counsel for the petitioner, after arguing for some time, has confined her 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. 4. On the other hand, learned Assistant Public Prosecutor did not oppose the same and concurred with the submission made by the learned counsel for the petitioner for the reason that the offences alleged are punishable with imprisonment of less than seven years. He further submits that the alleged offences are involvement of huge amounts and certain conditions may be imposed. 5. Heard. Perused the material on record. 6. Though the offences alleged are punishable with imprisonment less than seven years, considering the involvement of huge amounts in the above said crime, this Court 3 is inclined to dispose of the criminal petition with the following conditions: (i) 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 Kumar Vs. State of Bihar and another1. (ii) In the event of the petitioner arrest, the petitioner/accused shall be released on bail on his executing a personal bond for a sum of Rs.50,000/- (Rupees fifteen thousand only) with two sureties for the like sum each to the satisfaction of the concerned Investigating Officer, and also on condition that the petitioner shall make himself available for investigation as and when required and that he shall not cause any threat, inducement or promise to the prosecution witnesses. The petitioner shall appear before the Station House Office concerned once in a week i.e., on every Sunday between 10.00 AM and 01.00 PM, for a period of three months. 1 (2014) 8 SCC 273 4 7. With the above directions, the Criminal Petition is disposed of. _____________________ T. MALLIKARJUNA RAO, J 20.03.2025 S D P 5 HON’BLE SRI JUSTICE T. MALLIKARJUNA RAO Criminal Petition No.1499 of 2025 Dated:20.03.2025 S D P