APHC010000772026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No. 14/2026 Between: 1. GULLAPALII KARTHIK, S/O.SURYANARAYANA, AGED ABOUT 39 YEARSR/O3-84, TEKUMATIA, ADILABAD, TELANGANA-504216 2. GULLAPALLI SURYANARAYANA, S/O RAJESHAM, AGED ABOUT 64 YEARS,R/O 3-84, TEKUMATIA, ADILABAD, TELANGANA-504216 3. GULLAPALLI RADHA, W/O.SURYANARAYANA, AGED ABOUT 64 YEARS,R/O 3-84, TEKUMATIA, ADILABAD, TELANGANA-50416 4. KOKKULA SWAPNA, W/O.SRIDHAR, AGED ABOUT 41 YEARS,R/O 3- 113/3, SRINAGAR COLONY, RAMANTHAPUR, AMBERPETA HYDERABAD, TELANGANA-500013 5. KOKKULA SRIDHAR, S/O.KEDARISHWAR AGED ABOUT 46 YEARS,R/O 3-113/3, SRINAGAR COLONY, RAMANTHAPUR, AMBERPETA,HYDERABAD, TELANGANA-500013 ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH, AMARAVATI. 2. UDATHA GAYATRI, W/O G.KARTHIK, AGED ABUT 32 YEARS,R/O POLICE COLONY, MULAPETA, NELLORE, ANDHRA PRADESH- 524003 ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant Anticipatory Bail to the petitioners/Accused Nos.1 to 5 in the event of their arrest in Crime No.73/2025 of Nellore Chirina Bazar Police Station, SPSR Nellore dist. on such Counsel for the Petitioner/accused(S): 1. TRIVENI REDDY PUJARI 2. pujari triveni reddy Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2 The Court made the following: ORDER: This instant Criminal Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the Petitioners/A.1 to A.5, to grant anticipatory bail to them in the event of their arrest in connection with Crime No.73 of 2025 of Chinna Bazar Police Station, Sri Potti Sriramulu Nellore District, for the offences punishable under Section 85 read with 3(5) of BNS, 2023 and Sections 3 and 4 of Dowry Prohibition Act. When the matter is taken up for hearing, learned counsel for the Petitioners, after arguing for some time, has confined the argument to the extent of protecting the Petitioners 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 BNSS, 2023 and would submit that this Criminal Petition may be disposed of granting protection to the Petitioners vide guidelines of the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar1. On the other hand, Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor, did not oppose the said submission and concurred with the submission made by the learned counsel for the petitioners/A.2 to A.5 and would submit that necessary direction may be given to the concerned Station House Officer. So far as Petitioner No.1/A.1 is concerned, during the course of investigation, the investigating agency found that there are ingredients attracting the offence punishable Section 82(1)(2) of BNS, 2023 against the Petitioner 1 (2014) 8 SCC 273 3 No1./A.1 and that it is not a fit case to grant anticipatory bail to the Petitioner No.1/A.1. Considering the submissions made, this Criminal Petition is disposed of granting anticipatory bail to Petitioners 2 to 5/A.2 to A.5 with the following; a) Investigating Officer is at liberty to complete the investigation, in accordance with law. b) In the event of any coercive action sought to be taken against the Petitioners/A.2 to A.5, concerned police authorities are directed to scrupulously follow the procedure prescribed under Section 35(3) of BNSS, which is pari materia to Section 41-A of the Code of Criminal Procedure, and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar’s case (supra). c) Petitioners shall appear before the investigating agency as and when required till completion of investigation and shall co-operate with the investigating agency. This Criminal Petition is dismissed against Petitioner No.1/A.1. Pending applications, if any, shall stands closed. Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA 20.01.2026 Mjl/* 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Criminal Petition No.14 of 2026 20.01.2026 Mjl/*