APHC010020982026 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: 321/2026 Between: 1. SHIBA BEHERA ALIAS SIVA BEHRA, S/O LATE BANSHIDHARA BEHERA, AGE 29 YRS,OCC BUSINESS, R/0 SINGHAMUNDA V, DESHANDHA PO, BALANGIR D ODISHA... ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor,High Court ofAndhra Pradesh, Amaravathi. ...RESPONDENT/COMPLAINANT 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 pleased to grant anticipatory bail to the petitioner in a false Crime No. 345 of 2025 registered U/s 316 (2), 318 (4) BNS with malafied intention and direct the SHO/IO, Chinna Bazar PS of SPS Nellore District to enlarge the petitioner on pre-arrestbail in the interest of justice and pass Counsel for the Petitioner/accused: 1. DR D V RAO Counsel for the Respondent/complainant: 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 Petitioner/A.1 to grant anticipatory bail to him in the event of his arrest in connection with Crime No.345 of 2025 of Chinna Bazar, Sri Potti Sriramulu Nellore District, for the offences punishable under Sections 316(2) and 318(4) of BNS, 2023. When the matter is taken up for hearing, learned counsel for the Petitioner appeared through video conferencing and after arguing for some time, has confined the argument to the extent of protecting the Petitioner 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 Petitioner 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 petitioner and would submit that necessary direction may be given to the concerned Station House Officer. 1 (2014) 8 SCC 273 3 Considering the submissions made, this Criminal Petition is disposed of granting anticipatory bail to Petitioner /A.1 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 Petitioner/A.1, 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) Petitioner shall appear before the investigating agency as and when required till completion of investigation and shall co-operate with the investigating agency. 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.321 of 2026 20.01.2026 Mjl/*