APHC010024592026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 380/2026 Between: 1. C VENKATESH, S/O CHINNAPAYAPPA, AGED 66 YEARS,OCC. AGRICULTURE/COOLIE,R/O. D.NO.20-109, BAIRUGANIPALLI VILLAGE,KUPPAM MUNICIPALITY, CHITTOOR DISTRICT. 2. V BALAJI, S/O C. VENKATESH, AGED 38 YEARS,OCC. AGRICULTURE/COOLIE,R/O. D.NO.20-109, BAIRUGANIPALLI VILLAGEKUPPAM MUNICIPALITY, CHITTOOR DISTRICT. 3. C BALAKRISHNA ALIAS KRISHNUDU, S/O CHINNAPAYAPPA, AGED 61 YEARS,OCC. AGRICULTURE/COOLIE,R/O. D.NO.20-110, BAIRUGANIPALLI VILLAGE,KUPPAM MUNICIPALITY, CHITTOOR DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, at Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. P SAI SURYA TEJA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 Order: The Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’), by the petitioners, who are Accused Nos.1 to 3, seeking anticipatory bail in connection with Crime No.258 of 2025 of Kuppam Urban Police Station, Chittoor District, registered for the offences punishable under Section 109(1) read with 3(5) of BNS. 2. Learned counsel for the petitioners submits that the petitioners are facing allegations for the offence punishable under Section 109(1) read with Section 3(5) of the Bharatiya Nyaya Sanhita. He would further submit that there is a material discrepancy with regard to both the time of occurrence and the scene of offence. It is contended that, on the complaint given by the daughter of the injured, a case came to be registered stating that the incident occurred at about 10:15 A.M. near Bharat Petrol Bunk on Kuppam–Palamaner Road, Kuppam, whereas the statement of the injured, as reflected in the discharge summary, shows that the alleged incident is said to have taken place at their residence at about 9:00 A.M. on the very same day. Learned counsel would further submit that earlier there was a case lodged against the injured on the complaint made by the son of the petitioners’ brother. The discharge summary also indicates that the injured was in a drunken state at the time of examination. It is further brought to the notice of this Court that the discharge summary discloses a history of epilepsy and seizures after the incident. In the light of the nature and location of injuries mentioned in the wound certificate, which are stated to be simple in nature, learned counsel 3 would contend that the version of the petitioners gains credence, suggesting the possibility of the injuries having been sustained due to an accidental fall. 3. However, this is not the stage to adjudicate upon the merits of the matter. Considering the discrepancies relating to the time and place of occurrence, coupled with the nature and location of injuries, it is for the investigating agency to examine the matter in accordance with law. 4. On the other hand, learned Assistant Public Prosecutor, representing the State, submits that in cases where offences alleged are punishable with imprisonment of less than seven years, the police may be directed to follow the procedure as contemplated under the said provision. 5. Considering the submissions made by the learned counsel for the petitioners that 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 41A of Cr.P.C. (Section 35 of BNSS, 2023) scrupulously as per the guidelines enunciated in Arnesh Kumar Vs. State of Bihar and another1. 6. With the above direction, the Criminal Petition is disposed of. As a sequel thereto, the miscellaneous petitions pending, if any, shall stand closed. ________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 29.01.2026 ARB 1 (2014) 8 SCC 273 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 380 of 2026 Date: 29.01.2026 ARB