IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 2150 OF 2025 Between: SK. Dilip Kumar, S/o. Basha Saheb, Aged 55 years, R/o. Jayaram Rao Street, Srikalahasthi, Tirupati District ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh, Rep, by the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi ...RESPONDENT/COMPLAINANT praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the Station House Officer, Srikalahasthi II Town Police Station. Srikalahasthi, Tirupati District to release the Petitioner / Accused No.1 on bail in the event of his arrest in connection with Crime (FIR No.181/2024) of Srikalahasthi II Station. Srikalahasthi, Tirupati District Petition under Section 482 of BNSS r This Petition coming on for hearing upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri G Ramesh Babu Advocate for the Petitioner and the Public Prosecutor (AP) on behalf of the Respondent The Court made the following Order: V' V APHC010102112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] MONDAY,THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY-FIVE PRESENT THE HONOURABLE SRI JUSTICE T. MALLIKARJUNA RAO CRIMINAL PETITION NO: 2150/2025 Between: ...PETITIONER/ACCUSED Sk. Dilip Kumar AND ...RESPONDENT/COMPLAINANT The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1.G RAMESH BABU Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following ORDER: The Criminal Petition, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’), is filed seeking anticipatory bail to the Petitioner/A. 1, in Crime No.181 of 2024 of Srikalahasti II Town Police Station,Tirupati District. Learned counsel for the petitioner submits that the offences alleged against the accused 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 of BNSS. according to the report lodged by the defacto complainant, the agreement of sale entered between the parties on 14.02.2019 in respect of the Plot Nos.147, 148 and 148-A., but the Sale Deeds were executed on 24.06.2019 in 1. 2. He further submits that even ' 2 r respect of the Plot Nos. 149, 150-A and 189 after taking the balance He further points out that the Registered Sale transactions 24.06.2019, but the report was lodged on 19.12.2024 and there is a long delay of 4 Va years in giving the report to the Police. He further the defacto complainant filed STC Nos.73 of 2024 and 74 of 2024 ground that the cheques issued by the petitioner herein were dishonoured. On the other hand, learned Assistant Public Prosecutor did the same and concurred with the submission made by the learned the petitioner for the reason that the offences alleged are punishable with imprisonment of less than seven years and he gave assurance that the Investigating Officer will follow the procedure as contemplated under Section 35oftheBNSS. Heard. Perused the material on record. amount, were held on submits that on the 3. not oppose counsel for 4. 5. A perusal of the record shows that the report is silent as to why the defacto complainant waited for a period of five years without initiating any action against the petitioner herein. It appears that the crime is registered under Section 420 r/w. 34 of IPC. 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 of BNSS scrupulously as per the guidelines enunciated in Arnesh Kumar vs. State of Bihar and another^. 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. 6. ^ (2014) 8 see 273 Sd/- A VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPYII SEeTION OFFieER To, Junior Civil Judge Srikalahasthi, Tirupati District House Officer, Srikalahasthi II Town Police Station. 1. The Addl. Civil Judge 2. The Station Tirupati District Sri. G Ramesh Babu Advocate [OPUC] Public Prosecutor, High Court of Andhra Pradesh [OUT] 3. One CC to 4. Two CCs to the 5. Three CD Copies vna HIGH COURT DATED :24/03/2025 ORDER CRLP.No.2150 of 2025 DISPOSING OF THE CRLP