APHC010025852026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 392/2026 Between: 1. MATTAPARTHI VENKATA LAKSHMI, W/O MATTAPARTHI SATYANARAYANA, AGED ABOUT 63 YEARS, OCC HOUSE WIFE R/O MOTHINAGAR, BORABANDA, HYDERABAD. (A2) 2. MATTAPARTHI SATYANARAYANA, S/O LATE MATTAPARTHI SUBBANNA, AGED ABOUT 67 YEARS, OCC RETIRED CONSTABLE, R/O MOTHINAGAR, BORABANDA, HYDERABAD. (A3) ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY SHO, AMALAPURAM RURAL POLICE STATION,THROUGH PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 2. MATTAPARTHI LAVANYA DEVI, W/O MATTAPARTHI SRINIVAS, AGE 27 YEARS,D/O KETA TATA RAO,D NO.2-38, BANK STREET,BANDARULANKA VILLAGE, AMALAPURAM,DR BRA KONASEEMA DISTRICT ...RESPONDENT/COMPLAINANT(S): 2 Counsel for the Petitioner/accused(S): 1. N V MOHANA RAO Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 3 Order: The Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’), by the petitioners/Accused Nos.2 and 3, seeking anticipatory bail in connection with Crime No.271 of 2025 of Amalapuram Rural Police Station, Dr. B. R. Ambedkar Konaseema District, for the offences punishable under Sections 115(2), 127(1), 117(1), 309(1), 331(1), 85, 61(1), 351(2), 109(1) read with 49 of BNS and Sections 3 and 4 of DP Act. 2. Learned counsel for the petitioner would submit that the petitioners herein are the parents of accused No.1 and as could be seen from the contents of the complaint, no specific allegations are directed against them either to attract offences under Sections 109(1) and 351(2) of BNS. It is further submitted that, the remaining offences against the petitioners are punishable with imprisonment of less than 7 years. 3. Learned Assistant Public Prosecutor, representing the State, would submit that they have served notice on respondent No.2 and got instructions to submit in this matter. 4. In that view of the matter, as could be seen from the contents of complaint, there are no specific accusations against the petitioners herein to attract the offences under Sections under Sections 109(1) and 351(2) of BNS and in the absence of such ingredients, this Court directs the police to strictly follow to the procedure contemplated under Section 41A of Cr.P.C. (corresponding to Section 35 of BNSS, 2023) in respect of petitioners herein 4 and to scrupulously follow the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar Vs. State of Bihar and another1. 5. 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: 18.02.2026 ARB 1 (2014) 8 SCC 273 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 382 of 2026 Date: 18.02.2026 ARB